Apprehended Domestic Violence Orders (ADVOs):

Under section 15 of the Crimes (Domestic &Personal Violence) Act 2007 (NSW), a person may apply to the Court for an ADVO against another person with whom he or she has a domestic relationship.

The Act allows the following people to make an application:

• The person for whom the protection is sought;
• The guardian of the person for whom the protection is sought; or
• A police officer.

The person for whom protection is sought can also be a child. 

Once the application is made, an ADVO hearing will be arranged and you will need to attend court to explain the need for the ADVO. The defendant (the person from whom you seek protection) will also need to attend court. During the hearing, you will need to explain to the Court why you fear the defendant and use particular examples of acts of violence or threats of use of violence.

The ADVO Lawyers at Navado Lawyers & Solicitors have extensive experience in making applications for ADVOs and will provide you with adequate preparation for the hearing.

When considering an application for an ADVO, the Court will make the order if it is satisfied on a balance of probabilities that the plaintiff has reasonable grounds to fear and does fear the defendant, with whom he or she has a domestic relationship.

There are a number of matters the Court will take into account when deciding whether or not to make an ADVO:

• The Court must consider the safety and protection of the person for whom the protection is sought;
• The Court must consider the safety and protection of any child directly or indirectly affected by the conduct of the defendant;
• The effects and consequences on the safety and protection of the protected person and/or child if an order prohibiting the defendant from the residence is not made;
• Any hardship caused by making or not making the order;
• The accommodation needs of all relevant parties; and
• Any other relevant considerations.

The making of an ADVO will alter the lives of all relevant parties and the Court needs to ensure that if an order is made, it is made in appropriate circumstances.

Our Criminal Lawyers and ADVO Lawyers are experienced in defending ADVOs. An ADVO can restrict your day to day lives. As no criminal convictions flow from the making of an ADVO, some people decide to continue with life and may simply consent to the AVO, without admissions, to avoid Court battles and a defended hearing.  Unfortunately, however, very often a party that is subject to an ADVO can very quickly find himself or herself facing criminal proceedings for breach of ADVO, should such an allegation be made by the protected person.  This of course may result in a criminal conviction and in serious cases, a term of imprisonment.  It is crucial, therefore, to defend an ADVO matter, if you believe that you are innocent.  If you have been allocated a hearing date for an ADVO and you wish to defend it, you can speak to one of our ADVO Lawyers. Our ADVO Lawyers can assess your individual situation and provide you with the legal assistance you require including:

• Your rights in relation to the proposed ADVO;
• The impact the ADVO will have on your life; and
• Prepare and represent you at the ADVO hearing.

If you already have an ADVO against you and you wish to remove it, you may be able to appeal the decision. Just like appealing other criminal convictions, there is an appeal process for ADVOs. This process is called annulling an ADVO. The Court will have regard to a number of factors when deciding to annul an ADVO.