Domestic and family violence is a deeply distressing reality for many Australians. Whether it’s physical, emotional, psychological, or financial abuse, the impact can be devastating, but Ramsden Family Law is here to help. One of the most effective legal tools available to protect victims is the Apprehended Domestic Violence Order, commonly known as an ADVO.
At Ramsden Family Law, our experienced team of family lawyers is committed to helping you take steps to protect yourself and your loved ones. This guide will walk you through what ADVOs are, how they work, and how to apply for one if you’re in need of protection.
What Is an Apprehended Domestic Violence Order (ADVO)?
An ADVO is a court-issued order designed to protect a person (known as the “protected person”) from violence, threats, intimidation, stalking, and other abusive behaviours from another person (the “defendant”). These orders are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
ADVOs are specific to domestic relationships, such as partners, former partners, family members, carers, or people living in the same household. The order sets out conditions that the defendant must follow to ensure the protected person’s safety.
What Protections Can an ADVO Provide?
The conditions of an ADVO can vary depending on the circumstances but typically include restrictions that prevent the defendant from:
- Assaulting, harassing, threatening, stalking, or intimidating the protected person.
- Contacting or approaching the protected person.
- Asking another person to contact, approach or harass the protected person.
- Attending the protected person’s home, work, school, or other specified places.
- Possessing firearms or dangerous weapons.
The court can also impose additional conditions tailored to your situation, such as prohibiting contact with your children or setting limitations around custody and visitation where safety is a concern.
How Do You Apply for an ADVO in NSW?
There are two main ways to apply for an ADVO:
1. Through the Police
If you are in immediate danger or fear for your safety, contact the Police. A police officer can apply for a Provisional ADVO on your behalf, which takes effect immediately and offers urgent protection. The court will then schedule a hearing to consider a longer-term order.
2. Through a Private Application
You can also make a private application at your local court. This process typically involves:
- Filing an application form.
- Attending a hearing to explain your concerns to a magistrate.
- Presenting evidence or documentation (e.g., text messages, photos, witness statements).
At Ramsden Family Law, we can guide you through each step of this process to ensure your application is properly supported and effectively presented in court.
What Happens If an ADVO Is Breached?
Breaching the conditions of an ADVO is a criminal offence. If the defendant breaks any of the conditions, they can be arrested and face significant penalties, including fines or imprisonment. It is crucial to report any breach to the police immediately.
Do I Need a Lawyer to Apply for an ADVO?
While you can apply for an ADVO without legal representation, working with an experienced family lawyer can make a significant difference, especially if the circumstances are complex or contested.
At Ramsden Family Lawyers, we’ll help ensure:
- The application meets all legal requirements.
- Your affidavit outlines relevant evidence and concerns.
- You’re fully prepared for your court appearance.
We can also appear before the court and advocate on your behalf.
In matters involving children or property, we also advise you on how an ADVO may affect other family law issues, including parenting arrangements and property settlements.
Can an ADVO Affect Family Court Proceedings?
Yes, particularly in parenting cases. Under the Family Law Act 1975, courts must prioritise the safety of children and their caregivers. If an ADVO has been made, it will be considered when making decisions about child custody, visitation, and parenting orders.
If the court determines that contact with one parent poses a risk to the child or the other parent, it may limit or prohibit such contact altogether.
However, recent changes to the Family Law Act now provide that the Court must consider family violence, including economic abuse, in property proceedings.
Family violence impacts both the contribution assessment (e.g., if violence limited someone’s ability to earn or contribute) and the “future circumstances” considerations.
Ramsden Family Law is highly experienced in these cross-over matters and can help you navigate both ADVO and family law proceedings.
Need Immediate Help?
If you are in danger, please take immediate action:
- Call 000 for police assistance.
- NSW Domestic Violence Line – 1800 656 463 (24/7 confidential help)
- 1800RESPECT – 1800 737 732 (national sexual assault and domestic violence service)
Your Safety Is Our Priority
At Ramsden Family Law, we understand how overwhelming and frightening it can be to seek protection.
Our domestic violence lawyers offer a safe, respectful and supportive environment. Whether you need to apply for an ADVO or defend one, we’re here to help.
Let us stand by your side and make sure your voice is heard, clearly and confidently.
