A provisional ADVO is an urgent measure taken by police when they suspect imminent danger. It’s crucial for protecting individuals from immediate harm. This order remains effective until a court decides otherwise or a final ADVO is issued. It's essential for the person under the provisional ADVO to comply with all conditions, as non-compliance can lead to arrest and criminal charges.
Interim ADVOs
An interim ADVO serves as a temporary order while the court considers the case. It can be issued by a Magistrate or authorised officer and remains in force until a final decision is made. This order ensures immediate protection but requires the recipient to be either present in court or served with the order to be enforceable.
Final ADVOs
A final ADVO is the court’s ultimate decision after reviewing evidence and determining that there are reasonable grounds for fear of domestic violence. The court considers various factors, including the safety and protection of the protected person and any children. These orders typically last for two years but can be extended if necessary.
Breach of ADVO
Violating an ADVO is a serious offense, carrying penalties such as imprisonment or fines. Police are authorised to arrest individuals who breach these orders. Importantly, the protected person cannot consent to the breach; compliance with the ADVO is mandatory.
Firearms and ADVOs
In cases where an ADVO is issued, police will confiscate and suspend any firearms licenses to prevent further threats. A final ADVO can result in a ten-year disqualification from holding a firearms license.
Navigating ADVOs can be complex and emotionally challenging. If you are involved in such a situation, seeking legal advice and support is essential to understand your rights and obligations fully.
Contact New South Lawyers today. Our experienced criminal lawyers are here to help you navigate the complexities of ADVOs and ensure your rights are protected. Reach out now for a consultation and get the support you need.
