ADVO – Apprehended Domestic Violence Order
What Is an ADVO?
An Apprehended Domestic Violence Order (ADVO) is made to protect someone from another person with whom they have or had a domestic relationship. This relationship could include:
- Being married or in a de facto relationship
- Living together in the same house
- Caring for someone (either paid or unpaid)
- Being related by blood or marriage
- In the case of Aboriginal or Torres Strait Islander people, extended family or kin
Even if the relationship has ended, an ADVO can still be issued to stop contact or harmful behaviour. This includes the partner of your current partner, as the law expanded in 2016 to include that link as well.
How an ADVO Works
An ADVO places rules on the person it is made against. These rules usually stop them from:
- Getting too close to the protected person
- Going to the protected person’s home or work
- Contacting them by phone, message, or social media
If the situation calls for it, the order might also prevent them from living in the same place or contacting the children. Breaking these rules can lead to serious consequences including possible jail time.
How Long Does an ADVO Last?
The time an ADVO stays in place depends on what the court decides. Most orders are set for a specific period and often do not last longer than two years unless the court decides otherwise. While the order is active, the protected person should feel safer knowing there are legal restrictions in place.
Who Can Apply for an ADVO?
There are two main ways an ADVO can be started:
- Police application — When police respond to a domestic incident, they can apply for an ADVO even if the person affected does not want it. This is to keep people safe, especially in serious or ongoing situations.
- Private application — A person can go to court and ask for an ADVO without police involvement. This may happen when someone feels unsafe but does not want to involve police directly.
Steps to Apply for an ADVO
If you want to apply for an ADVO, here is how it usually works:
- Speak to police: Either go to a police station or talk to them when they respond to an incident
- Write a statement: You will need to write and sign a statement explaining who the person is, what happened, and why you need protection
- The other person is notified: Police will give a copy of the application to the person named so they know what the court is being asked to do
- Go to court: The court will decide what happens next and whether the order should be made
What Happens if Someone Breaks an ADVO?
If a person who has an ADVO against them does something the order says they cannot do, they are breaking the law. This can lead to being charged, taken to court, and possibly going to jail.
Common breaches include:
- Sending messages to the protected person
- Going to places they are not allowed to be near
- Threatening or harassing the protected person
- Damaging property that belongs to them
It is important to take ADVOs seriously. Even a single message could be seen as breaking the order.
Defending or Responding to an ADVO
If you have been named in an ADVO, it does not automatically mean you are guilty of anything. You still have the right to respond or challenge the application.
You can:
- Respond to the application
- Ask for more time to get legal help
- Make a cross application if you also want protection
- Request a property recovery order if you need to get your belongings
There are also ways to deal with the application depending on your situation:
Giving an Undertaking
An undertaking is a promise made to the court. You agree to behave a certain way or avoid certain actions. This may help resolve the matter without the court making an actual ADVO.
Contesting the ADVO
You can argue that the claims are false or not strong enough. The court will look at the facts and decide if the person asking for protection has a valid reason to be afraid.
Consenting Without Admission
You may agree to the ADVO terms but not admit you did anything wrong. This is sometimes done to avoid the stress of a court hearing.
Read also: What Evidence Is Most Helpful in Family Court Cases?
How an ADVO Can Affect Parenting Orders
You might wonder how an ADVO connects with spending time with your children. If you have an ADVO and also want parenting orders from the Family Court, the court will look at the ADVO as part of its decision making.
Even if the ADVO says you cannot contact the child or the other parent, the Family Court can make a different decision. In fact, Family Court orders can override ADVOs if the judge believes contact is in the child’s best interests.
For example, if the Family Court says you can spend time with your children, you are allowed to do so even if the ADVO says otherwise. The Family Court’s order takes priority and the ADVO can be changed to reflect that.
What If the ADVO Feels Unfair?
There are situations where someone might feel the ADVO is being misused or not based on truth. If you think that is the case, it is important to respond properly.
As mentioned, you can:
- Request a court adjournment
- Contest the order
- Offer an undertaking
- Consent to the order without saying you agree with the claims
Whatever choice you make, it is important to understand how it might affect future legal matters including parenting and family law.
A Step Worth Understanding
Whether you are seeking an ADVO for protection or responding to one made against you, it is not always a straightforward path. Knowing what an ADVO means, how it affects your day to day life, and how it can tie into other matters like parenting is the first step in making informed decisions.
Need Help Understanding Your ADVO Options?
Are you facing an Apprehended Domestic Violence Order or thinking of applying for one? At Justice Family Lawyers, we understand how stressful and emotional these situations can be. Whether you need help with an application, want to know how an ADVO might affect your children, or plan to respond to a court order, our team is ready to guide you with care and clarity. Talk to us about how we can support your next step. Your safety, rights, and future matter.