Apprehended Domestic Violence Orders
Many people may have heard of an Apprehended Domestic Violence Order, more commonly known as an ADVO, but the repercussions of the making of one of these Orders can be far reaching.
Police can apply for an ADVO on behalf of a Person in Need of Protection (PINOP) whether the person wishes them to or not. If police believe there are reasonable grounds to fear the commission of a Domestic Violence Offence, or conduct amounting to stalking or intimidating, they can apply for an ADVO on behalf of a person. Later if the PINOP changes their mind and does not wish to proceed with the ADVO, there is little that they can do as it is a police application.
Once an application is made to the Court, it is most often the case that a ‘Provisional ADVO’ will be put in place until the matter is first listed before the Court. The Provisional ADVO remains in place until the Court makes a further Order at final hearing. If you do not consent to an ADVO then the Court will make Interim orders until final hearing. If you do consent to the ADVO then the Application will become final then and there.
At final hearing of the application, if the Court believes there are grounds for making an ADVO, the Interim ADVO will become a Final ADVO for the time specified by the Court. If the Court believes there are no grounds for making an ADVO, the application will be dismissed and the matter finished.
There are far reaching consequences of an ADVO. The orders can affect:
- Your current or future employment.
- If you need a Working With Children Check for your employment or social activities such as refereeing or coaching children’s sports and some volunteer work.
- It will appear on a police check for any reason.
- If you hold a firearm’s licence upon the making of a provisional ADVO the police will suspend your licence and confiscate any firearms in your possession. Your firearms licence will be suspended for a period of ten years if a Final ADVO is made.
- If you are currently involved in Family Law proceedings, this can have a detrimental affect on the time you can spend with your children until further determination of the Family or Federal Circuit Court.
- If you do not have any Family Law orders in relation to your children, it may be difficult to spend time with them until orders are made.
If you are served with a Provisional ADVO and wish to know how this will affect you longer term, please telephone (02) 6393 9200
for an appointment with Tom Joseph.