Domestic violence (DV) is a serious offence that can have serious consequences for the defendant. If you have been charged with a DV offence, you would have probably also been issued with an Apprehended Domestic Violence order (ADVO).
If you have not been charged with a DV offence, the police can still make an application to the Court for an ADVO. An ADVO of itself is not a criminal charge. However, any breach or contravention of an ADVO may lead to criminal charges.
The purpose of the ADVO is to protect the Person in Need of Protection normally referred as “PINOP” in the Police ADVO application.
The legislation that deals with ADVO’s is the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (“the Act”). The Act contains sections in it which assists the Court in determining whether an ADVO should be put in place or not.
The matters that need to be considered by the Court are found in Section 17 of the Act.
Ultimately the question for the Court, in assessing whether to grant or refuse an ADVO, is found in Section 19. The test is, on a balance of probabilities, the PINOP has demonstrated that he/she has reasonable grounds to fear and in fact fears.
DIFFERENT TERMS ASSOCIATED IN THE ADVO
A person who is experiencing DV may apply to the Local Court for an ADVO. An ADVO can protect a person by ordering the person against whom the ADVO is made not to commit further acts of domestic violence.
If the ADVO is granted by the Court, conditions will usually accompany it. The conditions are either considered mandatory condition orders or additional conditions orders.
Mandatory ADVO orders state that you must not:
- Assault or threaten the PINOP or any other person having a domestic relationship with the PINOP
- Stalk, harass or intimidate the PINOP or any other person having a domestic relationship with the PINOP intentionally
- Recklessly destroy or damage any property that belongs to or is in the possession of the PINOP or any other person having a domestic relationship with the PINOP
The court or police may make several additional orders. These may be varied, or other orders may be made. A court will only make the orders that are required in the circumstances.
Orders about contact
- You must not approach the PINOP or contact PINOP in any way, unless the contact is through a lawyer.
- You must not approach: the school or any other place the PINOP might go to for study, any place PINOP might go to for childcare, or any other place listed
- You must not approach or be in the company of the PINOP for at least 12 hours after drinking alcohol or taking illicit drugs.
- You must not try to find the PINOP except as ordered by a court.
Orders about family law and parenting
- You must not approach the PINOP or contact them in any way, unless the contact is:
- through a lawyer, or
- to attend accredited or court-approved counselling, mediation and/or conciliation, or
- as ordered by this or another court about contact with child/ren, or
- as agreed in writing between you and the parent(s) about contact with child/ren; Or
- as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.
Orders about where you cannot go
- You must not live at: the same address as the PINOP, or any place listed.
- You must not go into: any place where the PINOP lives, or any place where they work, or any place listed.
- You must not go within certain amount of metres of: any place where the PINOP lives, or any place where they work, or any place listed
Orders about weapons
- You must not possess any firearms or prohibited weapons.
THE EFFECTS OF AN ADVO
The effects of having an ADVO is that you are normally not able to contact PINOP who in most circumstances is your partner and/or someone who has a domestic relationship with you. Fu
ADVO may also present some problems while applying for:
- firearms licence
- security licence;
- work with children
- Visa Application.
If you have been served with ADVO application and are looking for a best lawyer in Blacktown to represent you at Blacktown Local Court, then Contact Pannu Lawyers on 02 9920 1787. We will leave no stone unturned in your defence.