Provisional Apprehended Domestic Violence Orders Sydney.
Your Criminal Lawyers in Sydney & Brisbane
Helping individuals obtain temporary protection from domestic violence while awaiting a court hearing for an ADVO.
At CG Legal, we understand the urgency of obtaining immediate protection from domestic violence.
Empowering Victims with Legal Protection.
Our dedicated team of family law lawyers specialises in assisting individuals in obtaining Provisional Apprehended Domestic Violence Orders (PVOs), offering crucial safeguarding while awaiting a court hearing for an Apprehended Domestic Violence Order (ADVO).
Our Provisional Apprehended Domestic Violence Orders (PVO) Services:
Immediate Response: We respond promptly to your request for a PVO, recognising the time-sensitive nature of obtaining temporary protection from domestic violence.
Expert Legal Guidance: Our team provides expert legal advice on the process of obtaining a PVO, guiding you through the necessary steps.
Compelling PVO Applications: We prepare compelling PVO applications, presenting evidence of domestic violence to demonstrate the need for immediate protection.
Temporary Protection: A PVO offers temporary protection from the perpetrator, ensuring your safety until the court hearing for the ADVO.
Advocacy for Your Safety: Our experienced attorneys passionately advocate for your safety during PVO hearings, seeking the necessary orders to protect you from further harm.
Timely Execution: We work efficiently to ensure that PVOs are obtained swiftly, providing you with the protection you need without delay.
Provisional Apprehended Domestic Violence Orders Sydney NSW
In New South Wales, the most prevalent form of AVO is the Apprehended Domestic Violence Order (ADVO).
In essence, ADVOs are directives implemented to guarantee the safety and security of a person in specific situations.
Typically, applications for Apprehended domestic violence order are initiated by the New South Wales Police, often in conjunction with criminal charges.
The laws surrounding apprehended domestic violence orders and domestic violence offences are complex. Therefore, it is of utmost importance for individuals confronting an apprehended domestic violence order to promptly seek legal advice from a specialised Sydney Domestic Violence Lawyer.
Our Sydney domestic violence lawyer ensures that emergency legal advice is readily accessible to those facing allegations of domestic violence offence.
If you, or someone you know, is confronted with a domestic violence offence accusation or has been served with an apprehended domestic violence order, do not hesitate to reach out to one of our Sydney Domestic Violence Lawyers.
Alternatively, you can continue reading below to discover a comprehensive understanding of apprehended domestic violence orders from our adept domestic violence lawyers.
Provisional Apprehended Domestic Violence Orders Sydney, NSW
Welcome to our comprehensive guide on Provisional Apprehended Domestic Violence Orders (Provisional ADVOs) in Sydney, New South Wales (NSW). In a world where safety and well-being are paramount, understanding how to obtain a Provisional ADVO can be a crucial step towards protecting yourself or a loved one from domestic violence. In this informative resource, we will delve into the intricacies of Provisional ADVOs, their application process, eligibility criteria, and the legal grounds for their issuance in Sydney, NSW. At CG Legal, we are committed to empowering you with the knowledge and guidance you need to navigate this sensitive legal terrain with confidence and clarity.
The impacts of an AVO or ADVO
The issuance of an Apprehended Violence Order (AVO) or an Apprehended Domestic Violence Order (ADVO) can have significant impacts on various aspects of your life. Here’s what you need to be aware of:
Restrictions on Your Activities: AVOs typically come with restrictions that may limit your ability to go to certain places or work in specific industries, particularly those involving contact with children. While an AVO won’t necessarily prevent you from working with children, it will be noted on your record during a Working with Children Check.
Firearms Licence: If you hold a firearms licence, having an ADVO made against you will typically result in an automatic revocation of your licence. In addition, you may be required to surrender any legal or prohibited weapons you possess.
Parenting Orders: If you have a Parenting Order in place with your former partner or spouse that was made before the ADVO was issued, you will generally still have access to your children. However, communication regarding your children must adhere to specific guidelines, including:
- Through a lawyer.
- Through mediation, counseling, or conciliation.
- As ordered by the Court regarding matters related to your children.
- As agreed upon in writing about your children.
Federal Circuit and Family Court of Australia: In situations where a Parenting arrangement has not been established, and such matters are under consideration by the Federal Circuit and Family Court of Australia, they are obligated to consider family violence issues when making decisions related to the children. Any orders issued by these courts take precedence over an AVO, and any such orders must be attached to the ADVO.
Strategic Use in Family Law Proceedings: While many AVO applications are made in genuine cases of violence and safety concerns, in some instances, they may be strategically employed in family law proceedings. Sometimes, a Provisional AVO can be used strategically to influence matters related to child custody or other court proceedings.
It’s important to understand the potential consequences and legal implications associated with AVOs and ADVOs, as well as how they may affect various aspects of your life. If you are subject to such orders or have concerns about them, seeking legal advice and guidance is advisable to navigate the legal complexities and ensure your rights are protected.
Domestic Provisional ADVO Sydney: Navigating the Basics
Provisional ADVOs in Sydney, NSW serve as a vital tool in the fight against domestic violence. These orders provide immediate protection to victims who find themselves in abusive situations, granting them a legal shield until a final order can be issued. If you’re unsure of what a Provisional ADVO is or how it differs from a final ADVO, you’ve come to the right place. We’ll clarify the essential aspects of Provisional ADVOs, including their definition, purpose, and the legal significance of obtaining one.
Obtaining a Provisional ADVO begins with understanding its eligibility criteria and the application process. While the term “Provisional” may imply a temporary nature, the legal grounds for obtaining one are substantial. These grounds are designed to protect individuals who are at risk of domestic violence, ensuring that no one is left without legal recourse when their safety is on the line. This section will shed light on who can apply for a provisional ADVO and the step-by-step process you need to follow to secure this crucial legal protection.
Domestic Violence Orders Sydney: A Comprehensive Overview
When dealing with domestic violence issues in Sydney, it’s crucial to grasp the broader landscape of Domestic Violence Orders (DVOs). While provisional ADVOs are a vital component, they are just one piece of the puzzle. This section will explore the various types of DVOs available in NSW, emphasising the importance of provisional ADVOs in providing immediate protection to victims. We’ll also discuss the role of the police and the court in the application process, ensuring you have a clear understanding of how the legal system works to safeguard individuals in situations of domestic violence.
Legal Grounds for Provisional ADVO: Understanding the Basis
A key aspect of securing a Provisional ADVO in Sydney, NSW is understanding the legal grounds upon which these orders are issued. Domestic violence incidents that warrant a Provisional ADVO are based on specific criteria defined by the law. We’ll examine the types of domestic violence incidents that can lead to the issuance of a Provisional ADVO, helping you recognize when legal protection is necessary and justified. By gaining insight into the legal grounds for Provisional ADVOs, you’ll be better equipped to navigate this challenging process with confidence.
Temporary Protection for Victims: The Power of Provisional ADVOs
One of the most critical aspects of Provisional ADVOs is their ability to provide immediate protection to victims. These orders act as a legal barrier, creating a safe space for individuals in abusive situations. Understanding the purpose and duration of a Provisional ADVO is crucial for anyone seeking legal protection in Sydney, NSW. We’ll delve into the specifics of how these orders offer temporary protection and the restrictions and conditions imposed on the defendant to ensure the safety of the victim.
Provisional, Interim and Final ADVOs
Different types of Apprehended Domestic Violence Orders (ADVOs) exist, including Provisional, Interim, and Final ADVOs. Here’s what each of these terms means:
Provisional ADVO: A Provisional ADVO is a temporary order issued for a limited duration, typically 28 days from the date of approval. It is granted while your case is being processed and evaluated by the court. During this period, the ADVO is in effect, and you must adhere to its conditions. After the provisional period, a decision will be made regarding whether a final ADVO should be issued.
Interim ADVO: An Interim ADVO is another type of temporary order issued to provide protection during ongoing legal proceedings. It remains in effect until the matter is fully decided or resolved by the court. Interim ADVOs are typically granted when more time is needed to assess the situation and make a final determination.
Final ADVO: A Final ADVO is a long-term order that can extend beyond the provisional and interim stages. It is typically issued after a thorough evaluation of the case, and it can last for an extended period, often up to 12 months. The conditions specified in the Final ADVO must be followed by all parties involved.
It’s essential to understand that the breach of any type of ADVO—Provisional, Interim, or Final—can have legal consequences, potentially leading to criminal charges. The penalties for breaching the conditions of an ADVO can include fines and imprisonment, depending on the specific circumstances and relevant laws.
Additionally, it’s worth noting that outside of New South Wales (NSW), other Australian states and territories have similar orders known as Intervention Order. These orders are equivalent to ADVOs and serve the same purpose. Intervention Orders are automatically recognised and enforceable across states and territories. They also come with specific conditions, and there are penalties for breaching these orders as well.
It’s essential to fully comprehend the nature and implications of the specific ADVO or Intervention Order you are subject to, and to strictly adhere to its conditions to avoid legal consequences. If you have any questions or concerns about these orders, seeking legal advice is recommended.
Support and Resources: Reaching Out for Help.
In Sydney, NSW, numerous organisations and support services are dedicated to assisting victims of domestic violence. This section will provide a comprehensive list of local resources, including counseling, legal assistance options, and the support CG Legal can offer. We’re here to guide you through this challenging process, ensuring you have access to the help you need during this difficult time.
Challenging or Varying a Provisional ADVO:Your Rights and Options
If you believe that a Provisional ADVO has been wrongly issued against you, it’s essential to understand your rights and options. We’ll explain the process of challenging or varying a Provisional ADVO and the importance of legal representation in court appearances.
Compliance and Consequences: Navigating Legal Obligations
Once a Provisional ADVO is in place, it’s crucial for both parties to understand their legal obligations. This section outlines the responsibilities and consequences for breaching the order, emphasising the significance of compliance. Knowing your obligations and the potential consequences will help maintain a safe and secure environment for all involved parties.
Frequently Asked Questions
An Apprehended Violence Order (AVO) is typically issued by the Local Court when you have been a victim of violence and have concerns about your safety, seeking protection from further threats or acts of violence.
Following the court’s issuance of an AVO, the individual against whom the AVO is sought is prohibited from engaging in activities such as stalking, harassment, or intimidation. Additional conditions may be attached to the AVO, depending on the circumstances under which it was requested.
If someone is attempting to obtain an AVO against you, it’s important to note that this is not a criminal offense, and it will not result in a criminal record. It’s also essential to be aware that AVOs typically have a duration of 12 months, and you will be subject to specific conditions for the duration of the AVO. Violating these conditions may lead to a court appearance and potential conviction for a criminal offense.
An Apprehended Domestic Violence Order (ADVO) is issued by the court and prohibits any contact with the person who has requested the ADVO. This type of order is applicable when there is an intimate or domestic relationship between the parties involved.
For individuals of Aboriginal or Torres Strait Islander descent, an ADVO can also be obtained against relatives, such as cousins, aunts, uncles, grandparents, or grandchildren.
The issuance of an AVO or ADVO is based on the court’s determination that the applicant has reasonable grounds to fear for their safety or is at risk of experiencing further violence, and obtaining an AVO is in their best interests.
An Apprehended Personal Violence Order (APVO) is a court-issued order that prevents a specific individual from having any form of contact with you.
An AVO provides legal protection to individuals who are concerned about their safety due to previous instances of physical assault or threats. Once the Local Court has issued the AVO, you are prohibited from making direct contact with the person who requested the AVO, except through your legal representative.
Standard conditions accompany all police-issued AVOs, which prohibit actions such as assaulting or threatening the person, stalking, intimidating, harassing, or damaging their personal belongings. Additional conditions may also be imposed in certain cases.
An AVO becomes enforceable as soon as the court issues the Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO). If you violate the terms of your AVO, seeking legal advice is crucial, as it may result in criminal charges that can impact your job prospects.
If you have an AVO taken out against someone who subsequently threatens you, it’s imperative to report the incident to the police promptly to ensure your safety and potentially pursue criminal charges.
If you are concerned for your safety and seeking protection, the initial step is to report the incident to your local Police Station, which can then assist in applying for an AVO on your behalf. Alternatively, you have the option to apply for an AVO independently.
The process of applying for an Apprehended Violence Order (AVO) or an Apprehended Domestic Violence Order (ADVO) involves several important steps:
Report Incidents: If you wish to obtain an AVO, you should start by reporting the incidents involving family members or another individual to the police. They will initiate the process of assessing your situation and determining the need for an AVO.
Provide a Detailed Statement: The police will take a detailed statement from you, which should include all relevant information about the incidents and your concerns. It’s essential to provide comprehensive and accurate information to assist in the evaluation of your application. Additional requirements for an ADVO application can be found on the Law Access NSW website.
Review and Sign the Statement: Before finalizing your statement, carefully review all the information you’ve provided. Ensuring accuracy is crucial because providing false or misleading information could result in potential criminal charges.
Evaluation by Police: The police will assess the evidence you’ve provided, considering the circumstances and any prior instances of domestic violence involving the defendant. If the police officer determines that you require immediate protection, they may issue an interim AVO. The authority to grant a Provisional AVO rests with a senior police officer or the court, and only the police can apply for an AVO on your behalf.
AVO Notice Delivery: Once the AVO has been issued, a police officer will personally deliver the AVO notice to the defendant. If personal delivery by the police is not feasible, alternative methods may be used to serve the notice, typically through a court order. The notice will inform the defendant of their court date, which they must attend to defend against the AVO application.
Police Prosecutor Representation: If the police apply for an AVO on your behalf, you will be represented by a police prosecutor throughout the process. Additionally, the NSW Police will provide you with the contact information of a Domestic Violence Liaison Officer who will offer support and follow-up assistance after the final AVO has been issued.
The process of applying for an Apprehended Violence Order (AVO) or an Apprehended Domestic Violence Order (ADVO) involves several important steps:
Report Incidents: If you wish to obtain an AVO, you should start by reporting the incidents involving family members or another individual to the police. They will initiate the process of assessing your situation and determining the need for an AVO.
Provide a Detailed Statement: The police will take a detailed statement from you, which should include all relevant information about the incidents and your concerns. It’s essential to provide comprehensive and accurate information to assist in the evaluation of your application. Additional requirements for an ADVO application can be found on the Law Access NSW website.
Review and Sign the Statement: Before finalizing your statement, carefully review all the information you’ve provided. Ensuring accuracy is crucial because providing false or misleading information could result in potential criminal charges.
Evaluation by Police: The police will assess the evidence you’ve provided, considering the circumstances and any prior instances of domestic violence involving the defendant. If the police officer determines that you require immediate protection, they may issue an interim AVO. The authority to grant a Provisional AVO rests with a senior police officer or the court, and only the police can apply for an AVO on your behalf.
AVO Notice Delivery: Once the AVO has been issued, a police officer will personally deliver the AVO notice to the defendant. If personal delivery by the police is not feasible, alternative methods may be used to serve the notice, typically through a court order. The notice will inform the defendant of their court date, which they must attend to defend against the AVO application.
Police Prosecutor Representation: If the police apply for an AVO on your behalf, you will be represented by a police prosecutor throughout the process. Additionally, the NSW Police will provide you with the contact information of a Domestic Violence Liaison Officer who will offer support and follow-up assistance after the final AVO has been issued.
Once you’ve decided to seek an Apprehended Violence Order (AVO), you may need to appear in court on multiple occasions.
The first court appearance is typically the mention date. In some instances, your case may be resolved during this initial appearance, while in other cases, court proceedings will be adjourned to a later date.
Before your first court hearing, it’s essential to prepare your evidence and create written statements outlining your case.
During the court proceedings, both you and the other party, known as the defendant, will have your statements reviewed by the court. You may also be required to answer questions during the court session, so being prepared with necessary information beforehand is crucial.
Following a thorough review of the statements, the court will make a decision. They may either grant the final AVO or dismiss your application. If your application is declined, you could be instructed to cover the legal costs associated with the court proceedings.
In situations where an AVO is issued against your current or former partner, and you have personal belongings at the location designated in the order, you have the option to request a Property Recovery Order. This order enables you to retrieve your personal property without violating the terms of the AVO.
It’s important to retain a copy of the AVO after the court hearing. If you breach the AVO, it will be treated as a criminal law matter, and you may face criminal charges. This may be your first encounter with the legal system, and it can be intimidating, so seeking legal counsel is advisable to understand how to respond appropriately.
When served with an Apprehended Domestic Violence Order (ADVO), it’s crucial to follow specific steps:
Avoid Approaching the Protected Person: Regardless of any previous domestic relationship, refrain from approaching or contacting the Protected Person. Any attempt to do so may result in legal charges for breaching the ADVO.
Consider Challenging the ADVO: If you believe the ADVO is unjust or unnecessary, you can challenge it. However, this involves attending court proceedings and providing a statement. To navigate this process effectively, it’s strongly advisable to seek legal advice before the court date. Additionally, you should write to the court to request an adjournment. This postponement allows you time to prepare for the court hearing, during which both you and the applicant will present evidence.
Challenge Promptly: It’s essential to initiate the process of challenging an ADVO as soon as it is issued. Delaying this action may increase the risk of unintentionally breaching the ADVO.
By following these guidelines, you can navigate the situation when served with an ADVO while minimising the potential legal ramifications.
Breaching an ADVO is covered under criminal law and it is considered a criminal offence and may result in serious penalties under the NSW Crimes (Domestic and Personal Violence) Act 2007. Here’s what you need to know:
Contact the Police and Lawyer: If you are a protected person, and the defendant breaches any of the conditions outlined in the ADVO, it is advisable to contact the police immediately to report the violation and seek legal advice.
Arrest and Criminal Charges: Breaching an ADVO provides the police with the authority to arrest the defendant and subsequently lay criminal charges against them. This means you could face criminal proceedings if you breach the conditions of the ADVO.
Penalties: The maximum penalties for breaching the conditions of an ADVO include a fine of up to $5,500 and/or a potential prison sentence of up to 2 years. The severity of the penalty may depend on the specific circumstances and the extent of the breach.
Consider Getting the ADVO Dropped: In some cases, it may be possible to have the ADVO dropped under certain circumstances. This typically involves the involvement of various parties, including the police, the protected person, a parent or guardian of a protected person, or even the defendant, who can apply to the court to get the ADVO revoked.
It’s essential to be aware of the legal consequences associated with breaching an ADVO and take appropriate steps to prevent any violations. If you are faced with such a situation, seeking legal advice is highly recommended to understand your rights and obligations.
In New South Wales, courts can issue two main types of Apprehended Violence Orders (AVOs): Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). The circumstances under which a court will make each type of AVO differ, as outlined below:
Court-Ordered Apprehended Domestic Violence Orders (ADVOs): ADVOs are issued when there is a domestic relationship between the people involved, which includes partners, ex-partners, and relatives such as siblings, cousins, parents, and children. The court may make an ADVO if it is satisfied that the person seeking protection has or had a domestic relationship with the defendant and fears that the defendant will commit domestic violence against them. In some cases, there is no requirement to prove that the person actually fears for their safety. This exception applies when the protected person is a child under 16.
When deciding whether to issue an ADVO, the court considers various factors, including the impact the order may have on any children involved, any potential hardships that may be caused to the protected person and their children, and the accommodation needs of the parties involved.
Court-Ordered Apprehended Personal Violence Orders (APVOs): APVOs are issued when the parties involved do not have a domestic relationship. Courts have the authority to issue an APVO for the protection of one or more individuals. A court can make an APVO if it is satisfied that the person seeking protection has reasonable grounds to fear and actually fears violence by the defendant. Additionally, the court can issue an order if the defendant has engaged in conduct that amounts to intimidation or stalking of the person seeking protection, provided that the court is satisfied that such conduct justifies the order.
Like with ADVOs, there are exceptions to the requirement of proving fear, such as when the person seeking protection is a child. When determining whether to grant an APVO, the court takes into account factors similar to those considered in ADVO cases, including the impact of the order on the parties involved and the need for protection.
It’s important to note that AVOs are issued to provide protection to those who have genuine concerns about their safety in the presence of the defendant. The court carefully evaluates the circumstances of each case before deciding to issue an AVO, taking into account the specific details and relationships involved.
Applying for an AVO in NSW.
If you wish to apply for an Apprehended Violence Order (AVO) on your own, you can pursue a private AVO through the Local Court. However, it is advisable to consider mediation with the person against whom you want to take out the AVO, especially if your situation involves a neighbor or someone with whom you do not share a residence.
To initiate the AVO application process, follow these steps:
Contact the Registrar: Get in touch with the court’s registrar, who will assist you in preparing and submitting your AVO application.
Provide Supporting Information: When applying for the AVO, it’s essential to supply as much supporting information as possible. This includes details about the individuals involved, descriptions of incidents involving violence or threats, and information about previous attempts to resolve the issue through mediation.
Legal Advice: If your AVO application is denied, you may be required to cover the defendant’s court costs. If you’re uncertain about whether to apply for an AVO, seeking legal advice is recommended. Having legal representation can increase your chances of success, and your lawyer can guide you through the steps involved in the AVO process.
Upon approval of your AVO application, it will initially become a Provisional AVO. As a Protected Person, you will be legally recognized. This means that if the person you’ve taken the AVO against continues to harass or stalk you, they will be required to appear in court to address the matter.
