Relationship breakdowns are high stress, emotional and sometimes volatile. If one party to a relationship is prone to aggressive or violent outbursts, this behaviour may again become an issue when the relationship finally deteriorates. Where parties fear for their safety, the criminal law can overlap with family law by the making of an Apprehended Domestic Violence Order (ADVO).
An ADVO is a court order devised to protect persons from violence, abuse or threats of violence and abuse originating from a domestic relationship. An ADVO is made under the Crimes (Domestic and Personal Violence) Act, which is NSW state legislation.
To cause an ADVO to come into effect, the victim may make an application to the Local Court of New South Wales for such an order, or the police will make the application on the victim’s behalf. The order may also aim to protect children and/or third parties who have been affected.
The most common conditions on ADVO’s are conditions that the perpetrator be prevented from stalking, intimidating or harassing the victim, not coming within a certain distance from the victim’s residence and not damaging your property. An ADVO can also specify that the perpetrator cannot contact or approach the victim for any reason, depending upon the severity of the violence.
The family law and ADVO’s overlap as an order made pursuant to the Family Law Act, being federal legislation, override conditions of an ADVO to the extent that the orders are inconsistent. Applications may also be made in the Family Courts for restraints against a perpetrator of family violence which have a similar effect as ADVO’s.
If you have been the victim of Family violence or if you are worried a former spouse may allege that you have perpetrated Family violence and you are not sure of your rights, please contact our expert team of lawyers here at Baker Love Lawyers.
