Breaching an ADVO
Provisional, interim and final ADVOs are court orders. It is a good idea to keep a copy of the ADVO on you at all times. If the defendant breaches (does not behave in accordance with) any condition of the ADVO, they may be charged with a criminal offence. Details of the ADVO and all reports of breaches will be kept on the police database.
IN AN EMERGENCY CALL 000 and ask for police.
If it is not an emergency you can call or attend a police station to report the breach. The police will ask you to make a statement which they will record. They will ask you to provide any evidence like text messages, emails, voice mail messages, etc, so it is important to keep any evidence.
The police will investigate the breach and seek out any other evidence such as CCTV footage or witnesses.
Police will investigate the alleged breach and if they have enough evidence, the police will charge the defendant with breaching the ADVO. The matter will be set down for a mention in court and if it goes to a hearing you will be called as a witness.
If you have any questions or concerns about potential breaches, breaches or about the investigation of breaches contact the Police Officer in Charge of your case (the officer who took your original statement for the ADVO and whose name is at the top of the ADVO paperwork) or the Domestic Violence Liaison Officer.
You may also want to speak with the Safe Relationships Project solicitor about the breaches, investigations, and court proceedings.
I’m the victim of domestic and family violence, the police have taken out an ADVO and there are assault charges against me. What should I do?
Sometimes the abusive partner will use the legal and justice system against the other partner to keep them in the relationship and to make them fearful of ever reporting to police about the abuse.
This typically plays out with the abusive partner setting up the victim so that the victim appears to be the abuser. The set-up can involve any situation that would make the victim in trouble with the police.
If you find yourself in the situation where you are the victim of domestic and family violence and having to defend yourself in court for an ADVO and related assault charges, or any other legal issue, you should seek legal advice immediately. Contact the Inner City Legal Centre for assistance.