ADVO – Apprehended Domestic Violence Order

ADVO – the basics

An ADVO, or an Apprehended Domestic Violence Order, is a type of AVO that protects a person from someone who they are, or were, in a domestic relationship with.

 

A domestic relationship means that the two parties were or are married, in a de facto relationship or an intimate personal relationship. ‘Domestic relationship’ also covers parties that are living together or have lived together, have or had a relationship where one party cares for the other party (both paid and unpaid care), or are relatives.

 

Additionally, if the parties are Aboriginal or Torres Strait Islander, ‘domestic relationship’ encompasses a situation when the two people are part of each other’s extended family or kin, in accordance with Indigenous kinship culture.

 

From 3 December 2016, ‘domestic relationship’ has extended to cover the relationship between someone’s current partner and their former partner the ADVO is again.

 

An ADVO lasts for as long as it states on the Court Order, however, it normally doesn’t last longer than 2 years. They start on the day of the Court Order.

 

If you don’t agree to an ADVO there is a chance for you to contest it. If you decide to contest it you will appear in front of the court and argue why you shouldn’t have an ADVO placed on you. You may want to seek legal representation to defend yourself against an ADVO. Once you have an ADVO on your record, it could affect you down the line, especially if you are considering obtaining child custody rights in the future.

Different to an AVO

An ADVO is a specific type of AVO. It stands for an Apprehended Domestic Violence Order. In domestic violence situations requiring an ADVO, police have the authority to take out an AVO even in circumstances where the alleged victim does not believe it is necessary and does not wish to proceed with the Order.

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