Domestic Violence
6. Being Served with an ADVO
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- If you are served an application for an Apprehended Domestic Violence Order (ADVO) by police you should seek legal advice immediately. Our free Find a Lawyer directory may help you contact a lawyer in your area.
- You should not make contact with the protected person under any circumstances.
- When you are given an application for an ADVO it will tell you the time and the date that the court will hear the application. You must attend the court named on the application at the date and at the time specified.
- You must attend court so you can tell the court what you want to do. The options available include:
- asking for an adjournment (postponing the hearing);
- consenting or agreeing to the ADVO with or without admissions;
- not consenting to the ADVO and having the matter listed for hearing; or
- agreeing to give a formal undertaking (promise) to the court if the application is withdrawn.
- If you ask for an adjournment you must have a good reason for it.
- Adjournments can be provided because you may not have had time to consult a lawyer.
- The court may adjourn the matter for one or two weeks for you to obtain legal advice but at that time you will need to return to the court and tell them what you want to do.
- If you are a perpetrator of family violence this would be a good time for you to take responsibility for seeking help for yourself and your family. Some of these suggestions are appropriate for perpetrators of either gender and others are specifically designed to help men. You could:
- ask your lawyer, the police or your family dispute resolution practitioner for recommendations or referrals to counselling or a support program;
- call MensLine Australia on 1300 78 99 78. This line is open 24 hours a day and 7 days a week and also provides online and video counselling;
- contact the Men’s Referral Service which is an anonymous and confidential phone service for men who use family violence on 1300 766 491;
- call the DV Connect Men’s Line on 1800 600 636. This line is open from 9am to 12 midnight 7 days a week;
- call Parentline on 1300 301 300; or
- call Lifeline on 13 11 14.
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