• An Apprehended Domestic Violence Order:

1. means that a person who has been violent or abusive in a domestic relationship will have their behaviour limited by the courts; and
2. 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.

• An Apprehended Domestic Violence Order:

1. means that a person who has been violent or abusive in a domestic relationship will have their behaviour limited by the courts; and
2. can be tailored to meet the individual circumstances of each matter.

• An ADVO is focussed on protecting the applicant and the people they live with. The court cannot order the violent or abusive person to attend an anger management course or counselling.

• 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.

• 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.

• 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.

• The court sets the length of time that an ADVO stays in place. 
• As a general principle they are set for between 6 months and 2 years but can be made for any length of time.

• 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 are served an application for an Apprehended Domestic Violence Order (ADVO) by police you should seek legal advice from us immediately. 
• 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 are required to attend the court named on the application at the date and at the time specified.
• When you attend court you can tell the court what you want to do. The options available include:

1. asking for an adjournment (postponing the hearing) if you have a good reason;
2. consenting or agreeing to the ADVO with or without admissions;
3. not consenting to the ADVO and having the matter listed for hearing; or
4. agreeing to give a formal undertaking (promise) to the court if the application is withdrawn.

• If you have engaged in family violence you can seek help for yourself and your family through a variety of services.

Question

I have an ADVO against my ex-partner. I keep hearing through mutual friends that he thinks it’s a joke and he’s not going to obey it. What should I do if he breaches it?

Answer

• It is a criminal offence to breach an ADVO.
• A person that breaches an ADVO can be arrested and charged by the police.
• This can than lead to a criminal conviction being recorded which will appear on his criminal record.
• If at any time you are in fear for your own safety or the safety of other people you should call 000.

Question

I have to go to court to get a final ADVO against my ex-boyfriend. I’m terrified of him and don’t want to see him. Is there anyone to help me when I go to court?

Answer

• In NSW a family or domestic violence assistance program that can assist you is the Women’s Domestic Violence Court Advocacy Program: http://www.legalaid.nsw.gov.au/what-we-do/community-partnerships/womens-domestic-violence-court-advocacy-program
• Nationally there is the National Sexual Assault, Domestic and Family Violence Counselling Service: https://www.1800respect.org.au
• Many courts have a ‘safe’ room. These are rooms for victims and protected persons only. Other members of the public are not allowed in.
• You can speak to a court support worker in the safe room. They can accompany you to court and sit in court with you to support you.
• If the court you are attending does not have a safe room and you are concerned for your safety you should advise the registrar who can make arrangements for you.

Question

My husband has a drinking problem and when he drinks he gets violent. I want to get an ADVO but I don’t want him to leave the house as I believe it would adversely affect our children. I just want the violence to stop. What can I do?

Answer

• Whether or not the named person has to leave the house depends on what is stated in the ADVO.
• It is possible to have an ADVO that prevents the named person from engaging in certain types of behaviour while still allowing him to live in the same house. For example, in your case you could ask the court to impose an order specifying that your husband is not permitted to be at the house when he has been drinking in the last 6 hours.
• You should speak to the police or us as your lawyer about this.

Question

I have an ADVO against my ex-husband. He was very violent at the time our marriage broke down and didn’t take it well. He has abided by the conditions of the ADVO however it’s about to expire and I’m worried he will start stalking me or take his revenge when the ADVO expires. Is there anything I can do?

Answer

• If at the time the ADVO is about to expire you still have reasonable concerns for your safety you can apply for an extension of the ADVO.
• This should be done before the current ADVO expires. 
• You should speak to us or the police at least two months before the expiry.

Question

My boyfriend and I were going through a rough patch 6 months ago and the police got an ADVO against him. He says he wants to make a go of it and I really think he has changed. Can I change or revoke the ADVO?

Answer

If at the time the ADVO is about to expire you still have reasonable concerns for your safety you can apply for an extension of the ADVO.

This should be done before the current ADVO expires. 

You should speak to us or the police at least two months before the expiry

Question

My boyfriend and I were going through a rough patch 6 months ago and the police got an ADVO against him. He says he wants to make a go of it and I really think he has changed. Can I change or revoke the ADVO?

Answer

• An application may be made at any time during the ADVO period for it to be changed or revoked.
• Both the protected person and the named person can apply to the court.
• The court can make changes or remove the ADVO altogether.
• Anyone named in the ADVO must be told about an application to change or remove the ADVO.
• Courts can refuse to hear an application to vary an ADVO unless there is supporting evidence that there has been a significant change in circumstances.

Question

I have recently left my husband after nearly 7 years of abusive behaviour. He does not know where I am at the moment but I am about leave the shelter where I have been staying, find somewhere to rent, and start divorce proceedings. I have been on domestic violence leave from work but I will need to go back there soon too. I want to know what things I can do to increase my safety in case he finds me. 

Answer

• The first thing you should do is make contact with the Domestic Violence Liaison Officer through your local police station. They can conduct an audit of your home and assist you with safety planning advice.
• We can assist you by providing legal advice and applying for an ADVO against your ex-husband. If you cannot afford a lawyer there are Women’s Legal Centres all around Australia that can assist you.
• Where you consider the risk justifies it, you should take a good look around your home and consider how to improve safety measures such as:

1. lockable security screens on doors and windows;
2. installation of security alarms or cameras;
3. good outdoor lighting and trimming back bushes that someone could hide behind;
4. purchasing a dog;
5. making friends with your neighbours, telling them about your concerns and show them a photograph of your ex-husband; and
6. get into the habit of parking your car on the street facing the direction of the nearest police station in case you need to make a quick get-away.

• Before you go back to work you will need to:

1. talk to your employer and see what assistance they can give for maintaining your safety. This may include screening your calls and visitors and providing you with a designated parking spot in a secure area;
2. talk to your co-workers and ensure they know not to disclose any information to your ex-husband if he should make contact with them; and
3. think seriously about whether you can return to your job in safety or if it would be better to look for alternative employment. 

• All these measures will depend on:

1. the severity of the violence in your relationship;
2. the likelihood of your ex-husband engaging in stalking behaviour; 
3. the security of your workplace;
4. the availability of alternative work; and
5. other factors personal to you.

• You may also consider your internet and phone security by:

1. changing your phone number;
2. changing the login to your email, facebook and social media accounts;
3. ensuring that you have turned off any ‘find my phone’ apps and cloud storage of photographs; and
4. you may also want to download an app called Aurora developed by the NSW government for domestic violence victims. This app can be set up to automatically call the police or a friend and text them your location. It also contains a lot of useful information about domestic violence. 

• Finally it is also very important to think about your finances. You may want to:

1. close or freeze any joint bank accounts that you share with your ex-husband. You can call your bank to tell them that you have separated and withdraw any money that you are entitled to;
2. open a new account in your own name preferably with a different bank;
3. speak to a Centrelink social worker and get financial assistance to keep you going until you return to work. Make sure your Centrelink payments will be paid into your new account;
4. write to your bank and cancel any additional cards on your credit account. If you are struggling to meet a credit card debt you should call the financial institution and discuss your options with them;
5. disconnect any utilities (phone, electricity, water) that are in your name at your previous address as your ex-husband can reconnect them in his own name or if the bill are in your joint names you should call the service providers and explain that you have left the house and want to be taken off the bill; and
6. if there is a mortgage over your family home in both your names and you do not think your ex-husband will make the payments you need to speak to your lender and get immediate legal advice. You will also need urgent legal advice if you are worried that your ex-husband may sell the property or other assets.

• If you need more assistance with financial issues you can call the Credit & Debt Hotline for referral to a free financial counselling service on 1800 007 007.
• You can also consider contacting charities in your area who may assist you with emergency relief to help you get back on your feet.