Domestic Violence Orders
Apprehended Domestic Violence Orders (AVO, ADVO, APVO)
Have you been served with an Apprehended Personal Violence Order (APVO), or Apprehended Domestic Violence Order (ADVO)? If so, you will be required to attend Court. Should this be the case, there are a number of options that are available to you at law in terms of whether you choose to accept the conditions of the ADVO/APVO “without admission of guilt”, or whether you would like to defend the ADVO/APVO, particularly if you have been charged with a criminal offence.
In 2019 a total of 33,397 final ADVO orders were made by NSW courts. In consideration of the prevalence and seriousness of domestic violence offences, the penalties for breaching any conditions of an ADVO can result in a full-time custodial sentence for up to 2 years, especially if the alleged breach involves an act of physical violence towards the protected person of interest (the POI) named in the ADVO, and furthermore, if the conduct has occurred in the presence of children.
It is very important to understand that once an ADVO has been issued and served on the accused person by the NSW police, only a Magistrate or Judge has the power to revoke, vary or change the conditions of the ADVO – the POI named within the ADVO cannot, under any circumstances ‘go the police’ and ‘ask them to drop the ADVO’. For example, in situations where the POI may share the responsibilities of children with the accused, should the POI wish to vary the existing conditions from a ‘no contact order’, to allowing the accused to have contact with the POI and their children, the POI must make a formal application to the Court to obtain approval to vary the original conditions of the ADVO that were set down by the NSW police. As previously stated, only the Court has the ultimate authority to determine the final conditions and duration of an ADVO, after an ADVO has been filed and served on the accused by police.
If you have been served with an ADVO/APVO and require competent and experienced advice, please call Anne-Alece on 66 691 071.