According to Indigenous kinship cultures, the term “domestic relationship” also applies if both parties are Aboriginal.
Since 3 December 2016, the term ‘domestic relation’ now includes both a person’s current and former partner.
A private or police-initiated ADVO is possible.
Even if the victim is not in agreement with the order, the police can still issue an AVO.
How long is an ADVO valid?
The ADVO will last for the time stated in the court order, but it is not usual to last more than two years.
A domestic ADVO prohibits one party from engaging in certain activities, including visiting the home of the other or contacting them via email or phone.
These agreements are meant to protect one party from verbal or physical abuse, intimidation, or harassment.
A person who has had an ADVO brought against them is ordered not to.
The protected person(s) is/are assaulted or threatened.
The secure person(s) is/are being stalked and intimidated.
The property of the protected person or persons is damaged or destroyed.
A domestic violence order can include additional conditions, depending on the circumstances. It could be that an individual is prohibited from contacting or living with the person(s) protected.
A person with an ADVO can be prosecuted if they violate the conditions of the ADVO. They could also face jail time.
How to Apply for an ADVO
Here are the steps that you need to follow if you want to become an ADVO:
Contact the police. You can start the process either by going to a police station or by having them take your statement. They will then begin your application.
Sign and give a statement. You must provide a detailed report that includes the name of the accused, your relationship with them, and any other relevant information. This statement will require your signature.
The police will serve the application to the defendant: they will inform them that they could be facing an ADVO.
Attend court: Attend the court to finalize your application.
There are two main types of ADVOs.
ADVO can be when the police request on your behalf.
Second, you can apply for an ADVO yourself by submitting a private request to the court.
Advocacy: Defending an ADVO or removing it
You are not prohibited from contacting or seeing the person who is protected if you have been named as an ADVO defendant.
If you already have an ADVO in your record, this could impact you later, especially if you want to obtain child custody rights.
You can, therefore, contest or defend an ADVO simply by replying to the application. You can appeal a final decision within 28 days, even if it is a court order.
Let’s begin with defending an ADVO before a final decision is made.
You can request an adjournment to the court to get legal advice and buy yourself some time.
Cross-applications
You can file a cross-application against the protected person. This means you are essentially serving an ADVO to them. You will need to show that you are afraid of the person you’re suing and have a good reason for it.
It is wise to consult an attorney before filing a cross-application.
Response to an ADVO Application
The protected person doesn’t have to prove you did anything to them. They only need to show that they are afraid of you.
You can do this by:
Give the court an undertaking. This is a promise that you will follow or refrain from certain actions.
You will need to contest the ADVO, which means you’ll have to argue what actually happened in order for the applicant’s claims to be proven false.
Consent without admission to the ADVO – This is when you accept the ADVO’s terms but disagree with its facts.
Orders for the recovery of property
Property recovery orders are court orders that allow you to recover personal items from the defendant or person(s) protected.
In most cases, the police will be with you as you collect your items.
You can appeal a court order against you if you appear in court. The District Court will hear your appeal within 28 days.
You will need to complete an Appeal Notice and pay the fee.
You will need to file a separate application to “stay” an ADVO.
Effect of ADVO on Parenting Orders
You will be interested to learn if ADVOs can impact your family law case and your relationship with children.
When parenting proceedings are initiated in the Federal Circuit Court of Family Court, a court is required by law to take into account any allegations made about family violence before deciding for the children.
If you’ve received an ADVO recently, you may be wondering – “what is it and how does that affect my time spent with my children?”
Please note that the Federal Circuit Court & Family Court orders override any restrictions or charges in ADVOs.
If an ADVO prevents you from spending time with your family, but the Federal Circuit & Family Court issues an order allowing you to do so, then you must follow the Family Court’s orders.
You can attach the court orders from the Federal Circuit Court & Family Court to the ADVO so the Local Court knows that another order is overruling conditions.
