What is Apprehended Domestic Violence Order (ADVO)?
An ADVO seeks to modify the behaviour of the Defendant by imposing certain conditions. It is a Court order that seeks to protect a person from being abused (physically, verbally, or otherwise), threatened, and intimidated by their spouse or another person in the household.
What should you do if served with an ADVO?
It is important that a person that has been served of an ADVO seeks legal advice on the conditions of the ADVO, the consequences of breaching the ADVO, any variations to the ADVO and contesting or consenting to the ADVO.
If the ADVO is not consented to, the Court will make orders requiring the parties to file and serve their evidence and the matter will be listed for a show cause hearing where the Court will determine the merits of the ADVO application pursuant to sections 16 & 17 Crimes (Domestic and Personal Violence) Act 2007.
What are the penalties for breaching an ADVO?
Contravention of any conditions of an ADVO is a criminal offence contrary to section 14 Crimes (Domestic and Personal Violence) Act 2007. If the contravention of the ADVO condition involves actual violence, on sentence the Court must sentence the offender to a term of imprisonment unless otherwise ordered by the Court pursuant to section 14(4) Crimes (Domestic and Personal Violence) Act 2007.
The Maximum penalty for contravening a condition of the ADVO is up to 2 years jail and/or fines of up to $5,500.00
What are the consequences of ADVO?
Consenting to or a Court finalising an ADVO does not amount to a criminal offence and thus will not show on a person’s criminal history. An ADVO will, however, prohibit the person from obtaining:
A firearms license, and
A Security guard license, Further an ADVO may have an impact on the persons:
Working with children’s clearance certificate,
Immigration decisions,
Ability to get some jobs, and
Prima facie evidence of domestic violence which can be used in Family Law proceedings.
The above information is intended as general information and is not intended to be relied on as legal advice.
Pannu Lawyers is team of competent lawyers, who are ready to assist you with your ADVO matter. If you have any queries about Apprehended Domestic Violence Orders, you can call our office on 02 9920 1787 to discuss your matter in a confidential manner.
