An AVO is a Court Order designed to protect a person (“the Protected Person”) from being intimidated, stalked, assaulted, harassed or threatened by another person. In the case of an Apprehended Domestic Violence Order (“ADVO”), the Protected Person is protected against such conduct being demonstrated by a person with whom the Protected Person has or has had a domestic relationship with.
The ADVO protects the Protected Person by imposing conditions on the contact between the parties. Conditions of an ADVO may include, prohibitions on:
- Assaulting, molesting, harassing, intimidating, threatening or “interfering with” the Protected Person;
- Stalking the Protected Person;
- Attending the Protected Person’s workplace or residence;
- Approaching the Protected Person;
- Damaging property owned by or in the possession of the Protected Person.
An application for an ADVO can be made to the Local Court by the Protected Person or by the Police, depending on the circumstances. At Court, the person against whom the ADVO is sought, will have the option to consent or otherwise object to the issue of the ADVO. If an objection is made, the application will be set down for final hearing. An interim ADVO may be granted pending the final hearing. At the final hearing, the Magistrate will determine whether to issue the ADVO and if so, the appropriate and/or necessary conditions.
The ADVO will operate for a specified period of time. The ADVO can be extended by way of a further application to the Court if the Protected Person is still fearful.
The ADVO can be revoked or varied upon an application to the Court. If children are also named as Protected Persons under the ADVO, only the Police can apply to have the ADVO revoked.
A breach of an ADVO is a criminal offence. Police should be immediately notified of any such breach.
If you require assistance with an ADVO matter, please arrange an appointment by telephone on (02) 9233 4048 or email info@navado.com.au to see one of our AVO Solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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