ADVO

Family Law and Apprehended Violence Orders

The breakdown of a relationship can be an emotional and challenging time. Separation, and the process of working through parenting and financial matters, can place added pressure on everyone involved.

It is not uncommon for family law matters to involve allegations of family violence, intimidation, harassment, or abuse. Where this occurs, an Apprehended Domestic Violence Order (ADVO) may be applied for or made to protect one party to the relationship and, in some cases, their children. In NSW, ADVOs are one type of AVO used where a domestic relationship exists, and they are designed to protect a person from further violence, intimidation, stalking, harassment, or threats.

An ADVO may be applied for privately, or by Police on behalf of a person in need of protection. These orders are intended to create clear legal boundaries where safety is a concern.

Every ADVO contains standard conditions that prevent the defendant from assaulting, threatening, stalking, harassing, or intimidating the protected person. Depending on the circumstances, the Court may also impose additionalconditions that restrict certain behaviour, including:

  1. Contacting the protected person in any way, or limiting contact in line with existing family law arrangements.
  2. Attending the protected person’s home, workplace, or other specified locations.
  3. Approaching the protected person after consuming alcohol or drugs.
  4. Possessing firearms or prohibited weapons.

 

The making of an ADVO can affect your family law matter in a number of ways, including:

  1. The ADVO may be relevant in parenting proceedings when the Court is considering parental responsibility and what arrangements are in a child’s best interests.
  2. The existence of an ADVO may affect how time with children is managed, particularly where there are no parenting orders in place.
  3. Communication between parents may need to occur in a more limited or structured way.
  4. Changeover arrangements may need to be adjusted to ensure compliance with the order.

In some situations, parenting orders made by the Federal Circuit and Family Court of Australia may operate alongside an ADVO, or affect how it works in practice. Where there is inconsistency, federal parenting orders can override inconsistent state-based family violence order obligations, depending on the terms of the orders. This is why it is important to obtain tailored legal advice before making assumptions about what is or is not allowed.

If an ADVO has been made against you, or if you and your children are listed as protected persons, it is important to seek legal advice as early as possible. At O’Loan Family Law, we can help you understand the implications of an ADVO on your family law matter and guide you through the next steps with clarity, care, and practical support.

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