An Apprehended Domestic Violence Order (ADVO) is a court order made to protect a ‘person in need of protection’ (‘PINOP’) from violence, harassment, intimidation or stalking. These orders are issued where there is an existing domestic or family relationship between the PINOP and the defendant.
Examples of where an ADVO would be issued include:
There are two types of ADVO’s that can be issued – a ‘private ADVO’ and a ‘police ADVO’.
Private ADVO
A PINOP can apply to have an ADVO put in place and these are known as ‘private ADVOs’.
Police ADVO
Alternately, if police are concerned about the welfare or safety of an individual, an application for an ADVO can be made on behalf of PINOP, even if they do not want an ADVO in place.
When an ADVO is ordered, there is a mandatory condition that the defendant must not do any of the following to , or anyone <she/he/they> <has/have> a domestic relationship with:
Additional orders can be sought, and these include the defendant:
For a breach of an ADVO to be made out, the prosecution must prove that:
The maximum penalty for breaching an ADVO is 2 years imprisonment and/or a $5,500 fine.
Depending on the circumstances that led to the breach of the ADVO, a defence may be available. Examples include:
If you or someone you know required assistance with an applying for, or defending, an Apprehended Domestic Violence Order, you can contact the team at Hamilton Janke Lawyers 24/7 by calling 4038 1666.
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
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