Relationships (and their breakups) can be challenging, but they should never endanger your physical or mental health. If you are concerned about your safety or well-being then you may be wondering how to apply for an Apprehended Domestic Violence Order (ADVO) in Australia.

What is an Apprehended Domestic Violence Order in Australia?

Any person who is or has been the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour will continue can apply for an  Apprehended Violence Order (AVO). According to Police NSW, there are two types of AVOs.An Apprehended Personal Violence Order (APVO), relates to the protection of a person/s where there is no domestic relationship between the parties. Such as co-workers and neighbours.  On the other hand, and Apprehended Domestic Violence Order (ADVO) relates to the protection of a person/s where a domestic relationship exists between the parties.  Domestic violence encompasses a range of behaviours which control, dominate or make a person fear for their safety. These behaviours can include any abuse. Including physical, sexual, emotional, psychological or economic and also include threats and coercive control.

How to Apply for an Apprehended Domestic Violence Order

In NSW, if you are experiencing a form of domestic violence you can apply for an Apprehended Domestic Violence Order (‘ADVO’), additionally if the police have fears for your safety they can apply for a temporary AVO on your behalf. As an ADVO can only be finalised by the Court, in the interim you can be protected by a provisional ADVO or an interim ADVO.

What will and ADVO protect me against?

Once finalised, an ADVO will prevent a person from: Firstly, assaulting or threatening another person. Secondly, stalking, harassing or intimidating a person. And thirdly, deliberately or recklessly destroying or damaging anything that belongs to a person.  Other Orders which can be stipulated in an ADVO include not allowing a person to: Firstly, contact the other person except through a legal representative. Secondly, possess any firearms. Thirdly, reside in the family home. And finally, be within a certain distance from a person’s residence, work or school. Whilst the majority of ADVOs are put in place by police we recommend that you consult an experienced Family Lawyer during this process to provide you with support and assistance, especially if you are going through the family law system.

New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest that arise from it..

To find out more, chat with a member of New South Lawyers' Family Law Team today.