Family Law and Divorce

Understanding the differences between an ADVO, AVO, and other protective orders in New South Wales (NSW) law can be crucial for both individuals involved and legal professionals. Here’s a detailed breakdown:

1. AVO (Apprehended Violence Order)

Definition:

• An AVO is a legal order issued by a court to protect a person (known as the “protected person”) from another person (the “defendant”) who poses a risk of violence, harassment, or intimidation.

Types of AVOs:

• ADVO (Apprehended Domestic Violence Order): This is a specific type of AVO designed to protect individuals in domestic relationships.
• APVO (Apprehended Personal Violence Order): This is another type of AVO aimed at protecting individuals who are not in a domestic relationship but still require protection due to threats of violence or harassment.

2. ADVO (Apprehended Domestic Violence Order)

Definition:

• An ADVO is a type of AVO that specifically protects individuals from violence, threats, harassment, or intimidation by someone they are in a domestic relationship with. This can include current or former partners, family members, or anyone living in the same household.

Purpose:

• The primary goal of an ADVO is to prevent domestic violence. It is commonly used in situations involving intimate partners, family members, or household members where there is a risk of harm.

Examples of Protected Relationships:

• Spouses or de facto partners.
• Former partners.
• Family members (including children and siblings).
• Housemates or individuals in a close personal relationship.

Conditions of an ADVO:

• The ADVO may include conditions that prevent the defendant from:
  • Approaching or contacting the protected person.
  • Coming within a certain distance of the protected person’s home, workplace, or school.
  • Possessing firearms or other weapons.
  • Engaging in any form of harassment, threats, or intimidation.

Typical Scenarios:

• An ADVO might be sought in cases of domestic violence, threats from an ex-partner, or when there is a risk of harm to family members.

3. APVO (Apprehended Personal Violence Order)

Definition:

• An APVO is similar to an ADVO but is used when the individuals involved are not in a domestic relationship. This order protects a person from violence, harassment, or intimidation by someone outside their household or family.

Purpose:

• The APVO is designed to provide protection in situations where the parties do not share a domestic or familial relationship but where there is still a threat of violence or harassment.

Examples of Protected Relationships:

• Neighbours.
• Work colleagues.
• Acquaintances or strangers.

Conditions of an APVO:

• Like an ADVO, an APVO can include conditions that restrict the defendant’s behaviour, such as prohibiting contact or requiring them to stay away from certain places.

Typical Scenarios:

• An APVO might be sought in cases of workplace harassment, ongoing disputes with a neighbour, or threats from someone who is not a family member.

4. Other Protective Orders in NSW

Interim Orders:

• Interim AVOs/ADVOs/APVOs: These are temporary orders made by a court when an application for an AVO is first filed. Interim orders provide immediate protection until a final decision is made. They are often issued when there is an immediate risk of harm.

Final Orders:

• Final AVOs/ADVOs/APVOs: These orders are made after the court has considered all the evidence and decided that a permanent order is necessary. Final orders typically last for a set period, such as 12 months, but can be extended or varied.

Exclusion Orders:

• Exclusion Order (Part of an ADVO): In cases of domestic violence, the court may issue an exclusion order as part of an ADVO, which prohibits the defendant from living in the shared home. This is also known as an “ouster order.”

Prohibition Orders:

• Prohibition Order (Part of an AVO): These are specific conditions within an AVO that prohibit the defendant from doing certain things, such as contacting the protected person or approaching certain locations.

5. Key Differences Between ADVOs, AVOs, and Other Orders

1. Relationship Context:

• ADVO: Specific to domestic relationships (e.g., spouses, family members).
• APVO: For non-domestic relationships (e.g., neighbours, colleagues).
• AVO: The broader category that includes both ADVOs and APVOs.

2. Purpose:

• ADVO: Focused on preventing domestic violence and protecting individuals within a domestic context.
• APVO: Designed to protect individuals from violence or harassment outside of domestic relationships.

3. Conditions and Enforcement:

• Both ADVOs and APVOs can impose similar conditions, such as prohibiting contact or restricting access to specific locations. The critical difference lies in the relationship between the protected person and the defendant.

4. Legal Process:

• The process for obtaining an ADVO or APVO is similar, involving an application to the court, a hearing, and potentially an interim order. However, the case’s specifics (e.g., domestic vs. non-domestic) will influence the type of order issued.

6. Common Misconceptions

• ADVOs vs. Criminal Charges:
  • An ADVO is a civil order, not a criminal conviction. However, breaching an ADVO can result in criminal charges.
• APVOs Are Just as Serious as ADVOs:
  • Both types of orders carry significant legal consequences if breached, regardless of the relationship context.
• The Role of the Police:
  • In cases of immediate danger, police can issue a provisional ADVO or APVO on the spot to provide temporary protection until a court hearing.

7. Why Choose Koffels Solicitors and Barristers for ADVO and AVO Legal Assistance

• Expert Legal Advice:
  • At Koffels Solicitors and Barristers, we understand the complexities of ADVOs, AVOs, and other protective orders. With years of experience in family law, we provide clear, practical advice tailored to your unique situation.
• Comprehensive Representation:
  • Whether you’re seeking protection through an ADVO or contesting an order, our skilled legal team will represent you throughout the process, ensuring your rights are fully protected. We’re dedicated to achieving the best possible outcome for you.
• Personalised Service:
  • We take the time to understand your case and provide a personalised approach. Our team is committed to offering compassionate and professional legal support during what can be a challenging time.
• Proven Track Record:
  • As one of Sydney’s foremost family law firms, Koffels Solicitors and Barristers have a strong track record of successfully handling ADVO and AVO cases. We are here to guide you every step of the way.
• Contact Us Today:
  • If you’re facing an ADVO, AVO, or other protective orders in NSW, don’t navigate it alone. Contact Koffels Solicitors and Barristers on +612 9283 5599 or via the call-back request form below for expert legal assistance and support.