Have you read the conditions of your ADVO or AVO or APVO – confused?
See our handy tips below.
WHAT IS AN ADVO/AVO/APVO?
Police or a person may have requested for an Apprehended Domestic Violence Order, commonly referred to as a ADVO or AVO. A person (NOT POLICE) may have requested for an Apprehended Personal Violence Order.
This is an order that is requested privately and through the courts with statements and evidence.
There are commonly 12 conditions under the Apprehended Domestic Violence Orders.
Condition 1 is what is commonly referred to as a mandatory condition and it has a further 3 sub-sections being 1a, 1b, 1c. You may hear the court or lawyers or police say the words “1abc”, or “mandatory orders”.
THE LAW in NSW
This area of the law is covered by the Crimes (Personal and Domestic Violence) Act N.S.W.– herein referred to as the Act’.
CAN YOU GO TO JAIL?
You have the right to challenge ALL of these orders. Its advisable you seek advice when thinking about this because while having an ADVO or APVO is NOT a charge or offence, it is an offence to breach the order. Once an order is breached it is likely police will question you, may arrest you and charge you with breaching the order. So yes people go to jail for breaching an order.
CAN YOU RECOVER YOUR PROPERTY?
Yes. With a property recovery order and with the assistance of the NSW Police who can escort you to the property to recover some of your things. It may be made by a court or an authorized officer (this can include a senior police officer. The court must be satisfied that you have left your personal property at the premises. Such practical matters should be addressed carefully when you are part of AVO/ADVO proceedings. See section of the Act.
WHAT CAN YOU DO TO PREPARE?
Seek advice immediately. ETB Legal provide free advice via telephone and email.
Check your court date and court location. If you are not sure call the NSW court hotline
Read your papers and provide them to a lawyer.|
Once you read your papers, make sure you understand them or seek legal advice. If you disagree with something in the papers, be sure to advise your lawyer, or write it down so you do not forget. This is very important.
Apprehended Domestic Violence Order Case Study
Aiden and Jenny have been married for 5 years and have 1 child. Jenny and Aidan start to argue and Jenny leaves the house and stays with her friend. Jenny calls the police and reports Aiden. Jenny has stated she was in fear for her safety even though Aiden did not physically touch her.
Police contact Aiden and place an ADVO on him with the mandatory orders. Aiden attends court and the court confirm the ADVO is to remain on Aiden and have added additional conditions that he is not to approach Jenny or any other ‘protected persons’.
Aiden returns home and finds Jenny and his child at the house. Aiden grabs his car keys and his child and leaves the house immediately.
Aiden was arrested for breaching an ADVO because he returned home and was near Jenny.
The police knew and permitted Aiden to go home but he was still near Jenny.
This is something that can be challenged in court.
This case example highlights he way ADVO conditions can become rather trivial and difficult. Its very important to seek conditions that SUIT YOU. You can always challenge an ADVO but when the police issue one on you, its very important to be clear at the time of what is in the ADVO.
Aiden successfully defended himself but this does not happen instantly and he still was required to abide by the ADVO for at least 48 hours.
Aiden’s ADVO was varied at court to include conditions that were suitable to him.