Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is an Apprehended Domestic Violence Order?
- An Apprehended Domestic Violence Order:
- means that a person who has been violent or abusive in a domestic relationship will have their behaviour limited by the courts; and
- can be tailored to meet the individual circumstances of each matter.
- An ADVO is focussed on protecting the applicant. It cannot order the violent or abusive person to attend an anger management course or counselling.
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What conditions can be imposed under an Apprehended Domestic Violence Order?
- Every ADVO has mandatory orders that say the named person must not behave in certain ways towards the protected person or anyone they are in a domestic relationship with including:
- assault;
- molest;
- threaten,
- harass;
- intimidate; or
- stalk.
- Depending on the circumstances of the individual matter the magistrate can also make additional orders such as:
- prohibiting the named person from going to the home or workplace of the protected person;
- stating that the named person must not contact the protected person by:
- telephone;
- sms;
- email;
- social media such as Facebook; or
- in person;
- removing the right of the named person to live at particular place; and
- suspending any licence that the named person holds to carry or possess firearms.
- The order can also include a condition allowing one of the parties to collect their personal property from a specified location at a specified time. It can include a direction that the police or another person go with the party to collect the property.
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I am in Australia on a Spouse Visa. What will happen to me?
- Family Violence contact officers are available through the Department of Immigration. You should call 131 881 for assistance.
- Support may be available to you through the Women At Risk Program.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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Is it a criminal office if an ADVO is made against me or someone else?
- No. Being named in an ADVO will not appear on your criminal history.
- If you breach the conditions of the ADVO then you may be charged with a breach offence and if you are found guilty that will appear on your criminal record.
- You can find out more in our topic on AVOs & VROs.
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Are children protected by an ADVO?
- The mandatory (standard) conditions included in an ADVO cover the protected person and any person they have a domestic relationship with such as a new partner and children.
- The police can also make a specific ADVO application on behalf of children aged under 16 years.
- Children aged 16 years or older can apply for their own ADVO.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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How long does an ADVO stay in place?
- The court sets the length of time that an ADVO stays in place.
- As a general principle they are set for one or two years but can be made for any length of time.
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Can an ADVO affect Family Law orders?
- No. An ADVO does not override an order of the Family Court.
- ADVO’s do not automatically affect parenting orders.
- A protected person does not have the right to refuse contact between the named person and a child that is required pursuant to an order of the Family Court. However the protected person may be able to request a variation of the Family Court orders based on the AVDO so that visits occur at a supervised contact centre if there are any fears for the safety of the children.
- If you wish to request a variation of your Family Court orders following a grant of an AVDO our LegalPlan™ membership will allow you to ask lawyers for a Fixed Fee Quote on your matter.
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