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Szabo & Associates News & Updates

The latest News & Updates from Szabo & Associates
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A Short Guide to Apprehended Domestic Violence Orders (ADVOs)

An Apprehended Violence Order (AVO) seeks to protect victims of domestic abuse and personal violence from further threats committed by the person the order has been made against.

There are two types of AVOs:

  1. Apprehended Domestic Violence Order (AVDO)

An ADVO focuses on the protection of a person(s) in situations where a domestic relationship exists between parties. This is applied broadly to include people who are in a relationship with or are related to the respondent, as well as those who share a household or are both long-term residents of the same residential facility.

  1. Apprehended Personal Violence Order (APVO)

An APVO focuses on the protection of a person(s) in situations where a domestic relationship does not exist between parties.

Under The Crimes (Domestic and Personal Violence) Act 2007, the Local Court has the ability to issue an AVO. Anyone above the age of 16 or a Police Officer can apply for an order.

In situations where a person’s safety is perceived to be at immediate risk, an interim ADVO can be issued by the court and will take effect immediately.

Police officers similarly can apply for a provisional order when a domestic violence incident occurs, either on request of the victim or based on the officer’s own initiative. This order can last up to 28 days unless revoked sooner or overruled by the courts.

A final ADVO can be issued by the courts when the defendant is found guilty of stalking, intimidation with intent to cause fear of physical or mental harm, or a domestic violence offence. This includes technology-facilitated stalking and abuse, as well as the destruction of the protected person’s property.

The court can specify the period that an ADVO will remain in force based on evidence surrounding each individual case. In cases where a period has not been specified, an ADVO can remain in force for up to 12 months.

Contact Us

Szabo & Associates, Solicitors can provide you with expert advice on a wide range of family law matters, including domestic violence, divorce and separation, prenuptial agreements, child custody, child support and spousal maintenance. Please call us today on 02 9281 5088 or fill in our online contact form.

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