Being served with an Apprehended Domestic Violence Order (ADVO) by Police can be overwhelming, especially when no criminal charges have been laid, and you believe the allegations are false. If you’ve received an ADVO based on claims of intimidation or other conduct you didn’t commit, it’s important to understand your legal rights and take immediate steps to protect your interests.
What is an ADVO?
An Apprehended Domestic Violence Order (ADVO) is a court order intended to protect someone (the “protected person”) from violence, threats, or harassment by another person (the “defendant”). An ADVO is not a criminal conviction. However, breaching the order is a criminal offence and carries penalties of up to two years imprisonment and/or a fine of up to $5,500.
Police can apply for an ADVO on someone’s behalf, even if that person didn’t request it, if police believe there is a risk of domestic violence.
I Haven’t Been Charged. Why Was I Served With an ADVO?
NSW Police can apply for a provisional ADVO without pressing any criminal charges if they believe there is a real or perceived risk of domestic violence. These orders are made on a precautionary basis, often after a complaint or report, even if the evidence is weak or disputed.
In your case, if the allegation is that you intimidated someone and you believe that claim is false, the court will still consider whether there’s a need for protection based on the balance of probabilities, a lower standard than in criminal trials.
What Happens Next?
Once served, you’ll be required to attend court on the date listed on the order. This first appearance is not a hearing but a mention, where you’ll confirm how you wish to respond, either:
- Consent without admissions (you accept the order without agreeing the allegations are true) and the order will be made final, and you are agreeing to the terms of the ADVO for that length of time, or
- Oppose the order, which means the matter will go to a hearing.
Important: Even if no charges have been laid, an ADVO can still significantly affect your life, especially your ability to contact the protected person, access your home, or see your children.
Why You Need a Criminal Defence Lawyer
Defending an ADVO, especially when based on false allegations, requires careful strategy, strong evidence, and skilled cross-examination. At Baker Love Lawyers our experienced criminal defence lawyers can:
- Review the police application and evidence
- Help you prepare your own evidence and witness statements
- Represent you in court and cross-examine the applicant or police witnesses
- Challenge the credibility of the allegations
- Negotiate to have conditions changed or the application withdrawn
What If the ADVO Is Based on Lies?
False or exaggerated claims are unfortunately not uncommon in domestic contexts, particularly during relationship breakdowns or custody disputes. Our criminal defence lawyers will help you gather evidence such as:
- Texts, emails or call logs that contradict the claim
- Witness statements
- CCTV or audio recordings (if legally obtained)
- Character references
Protect Your Reputation and Your Future
While an ADVO isn’t a criminal conviction, it can have lasting effects, especially if you’re involved in family court proceedings or hold certain jobs. It’s essential to take the order seriously and get legal advice from our experienced criminal defence team early.
Need Help with an ADVO in NSW?
If you’ve been served with an ADVO and believe the allegation is false or exaggerated, don’t go it alone. Contact one of our experienced criminal defence lawyers today on (02) 4944 3322 to protect your rights and build your defence.
We’re here to help you through it, step by step
