What Is An ADVO & How Does It Protect You?

Apprehended Domestic Violence Orders (ADVOs) play a crucial role in protecting individuals from domestic violence in Australia. These legal orders are designed to ensure the safety and well-being of those at risk of harm from family members or intimate partners. In this comprehensive guide, we’ll explore the ins and outs of ADVOs, their purpose, and how they work to protect vulnerable individuals.

 

What Exactly Is An ADVO?

An Apprehended Domestic Violence Order (ADVO) is a court order aimed at protecting a person, their children, and their property from domestic violence. ADVOs are issued when there are reasonable grounds to fear that a person may be at risk of domestic violence, intimidation, or stalking from a family member or intimate partner. These orders set out specific conditions that the defendant must follow, such as not approaching or contacting the protected person.

Who Can Apply For An ADVO?

ADVOs can be applied for by individuals who fear for their safety or by the police on behalf of a person at risk. The applicant, known as the “protected person,” can be anyone in a domestic relationship with the defendant, including:

• Spouses or former spouses
• De facto partners or former de facto partners
• Intimate partners or former intimate partners
• People living in the same household
• Relatives
• People in a carer’s relationship

It’s important to note that ADVOs can also be sought to protect children who may be at risk of exposure to domestic violence.

 

What Conditions Can Be Included In An ADVO?

ADVOs typically include mandatory conditions that prohibit the defendant from:

• Assaulting, threatening, stalking, or intimidating the protected person
• Intentionally or recklessly destroying or damaging property belonging to the protected person

Additional conditions may be added depending on the specific circumstances of the case. These can include:

• Prohibiting the defendant from approaching the protected person’s home, workplace, or other specified locations
• Restricting or prohibiting contact between the defendant and the protected person
• Prohibiting the defendant from locating or attempting to locate the protected person

The court has the discretion to tailor the conditions to best protect the individual and address the specific risks involved.

How Is An ADVO Enforced?

Once an ADVO is issued, it becomes a criminal offence for the defendant to breach any of the conditions specified in the order. The police are responsible for enforcing ADVOs, and they have the power to arrest and charge individuals who violate the terms of the order.

If a breach occurs, the protected person should immediately contact the police. The police will investigate the incident and may charge the defendant with breaching the ADVO. 

Penalties for breaching an ADVO can be severe, including fines and imprisonment. Breaching an ADVO can lead to the maximum penalty of $5,500 fine and/or imprisonment for up to 2 years.

It’s crucial for both the protected person and the defendant to understand the terms of the ADVO and comply with them to avoid legal consequences.

How Long Does An ADVO Last?

The duration of an ADVO can vary depending on the circumstances of the case and the court’s decision. Typically, ADVOs are issued for a specified period, which can range from a few months to several years. In some cases, the court may issue an indefinite ADVO if they believe long-term protection is necessary.

It’s important to note that either party can apply to the court to have the ADVO varied or revoked if circumstances change. However, any changes to the order must be approved by the court to ensure the continued protection of the individual at risk.

 

If You Or Someone You Know Is Experiencing Domestic Violence Or Is In Need Of Protection, Reach Out Today!

At Essere – The Defenders, we are dedicated to safeguarding your rights and ensuring you’re well-informed of your legal obligations. Our experienced team is here to provide expert guidance and representation, helping you navigate any legal situation with confidence and peace of mind.

With over 3,800 cases handled and a success rate exceeding 90%, we bring unparalleled expertise and dedication to every case. We offer top-tier legal advice and flexible payment options to ensure you receive the support you need.

If you or someone you know is navigating a traffic offence, don’t hesitate to reach out. Contact our experienced ADVO lawyers today at (02) 9283 3033 for an initial consultation. Let us help you take the right steps to protect your future and ensure a fair outcome. Remember, having the best legal team by your side can make all the difference.