What is an ADVO?

28 November 2022 in Family and Divorce Law

An Apprehended Domestic Violence Order (ADVO) is an order of the court that seeks to protect people in violent domestic relationships from certain actions by the defendant. These actions can include assault, intimidation, attempting to contact the protected person and attending the protected person’s home, among other acts.

In accordance with Section 16 Crimes (Domestic and Personal Violence) Act 2007 (NSW), the court will impose an ADVO against someone who was or is in a domestic relationship with the protected person, if the Court rules on the balance of probabilities that:

• There are reasonable grounds for the protected person to fear and in fact does fear for their safety; or
• The other person has intimidated the protected person; or
• The other person has stalked the protected person; and
• Deems the reported actions necessitate an ADVO

Once in place, the court will enforce the ADVO with strict punishments in the case of a breach, with a possible term of prison for up to two years.

The police typically make ADVO applications on behalf of the person in need of protection, however, applications can also be made by the person in need of protection. The lawyers at Brander Smith McKnight are happy to assist and make an application on your behalf.