What takes precedence: ADVO v Family Law Orders

It is not unusual in family law practice, for one of the parties to have an apprehended domestic violence order (‘ADVO’) in place for their protection from their former spouse. An ADVO can have various conditions including the following:

One party must not assault, threaten, stalk, harass or intimidate the other party.
One party must not intentionally or recklessly destroy or damage any property that belongs to or is in the possession of the other party.
One party must not approach or contact the other party except as permitted by the order.

There can also be conditions that make contact restrictions, which means the one party is prohibited from contacting the other party and proximity restrictions, where the one party cannot go within a specified distance of the other person or a particular place.

The conditions for ADVOs can often cause confusion in family law matters as ADVO conditions and family law orders can often contradict one another. It is important to seek legal advice in these cases to prevent potential breaches of ADVO conditions.

It is important to treat an ADVO seriously, as the maximum penalty for breaching the ADVO is a two-year gaol sentence and/or a fine of $5,500.

Family law orders

Family law orders are either arrangements agreed to by the parties and filed with the Court or arrangements determined by the Court. These orders will set out parenting arrangements including, but not limited to, what time a child spends with each parent, decision making regarding the child and communication regarding the child.

In property only matters, an ADVO with a no contact provision will require any communications regarding resolving the matter being conveyed through solicitors. Further, an ADVO with a proximity restriction may prevent a party from approaching and entering a marital property.

Exceptions

Often an ADVO will have the following exceptions to allow family law matters to be progressed and dealt with, which include:

Contact through a lawyer.
Contact to attend accredited or court-approved counselling, mediation and/or conciliation.
Contact as ordered by a court about contact with children.
Contact as agreed in writing between the parties about contact with children.

These exceptions allow negotiations in regard to property and parenting so that these matters can progress whether by negotiation or with assistance from the Federal Circuit and Family Court of Australia.

So, what takes precedence?

Where family law orders are in force, any ADVO conditions that are inconsistent with those orders will, to the extent of the inconsistencies, be overridden by and give way to the family law orders, provided the family law orders were made after the ADVO order was made.

If an ADVO is made after family law orders and if any ADVO conditions are inconsistent with the previously made family court Orders, to the extent of the inconsistencies the ADVO will prevail for as long as the ADVO is in force.

If an ADVO is currently in place, any application for injunctive relief in related family law proceedings may be opposed by reference to the ADVO, as demonstrated in Provenza & Provenza (No 4) [2025] FedCFamC1A 232, while the ADVO order is in place.

When there is a family law matter afoot involving an ADVO, it is important to seek legal advice to ensure a party does not breach the ADVO.

If you have questions regarding ADVO conditions or would like assistance with your family law matter and/or criminal law matter, please contact our firm to make an appointment with one of our lawyers on (02) 4944 3322.