What is an Apprehended Domestic Violence Order?

An ADVO is a type of Apprehended Violence Order (AVO) made to protect a person from future violence, threats, stalking, intimidation, harassment or other conduct within a domestic relationship.

ADVOs commonly arise between:

• current or former spouses;
• current or former partners;
• family members;
• people who live or have previously lived together; and
• other people who fall within the definition of a domestic relationship under NSW law.

An ADVO is a civil order, not a criminal conviction by itself. However, breaching an ADVO can result in a separate criminal charge.

What Conditions Can Be Included in an ADVO?

An ADVO will generally contain mandatory conditions requiring the defendant not to:

1. assault or threaten the protected person;
2. stalk, harass or intimidate the protected person; or
3. intentionally or recklessly destroy or damage the protected person’s property.

The Court may also impose additional conditions, including restrictions on:

• approaching the protected person;
• attending their home or workplace;
• contacting them directly or indirectly;
• being near them after consuming alcohol or drugs;
• using another person to make contact; or
• monitoring or tracking their movements.

The exact conditions will depend on the circumstances of the matter.

What Happens When an ADVO is Made?

An ADVO may initially be made on an interim basis while the matter is before the Court.

If the defendant does not agree to the order, the matter may proceed to a defended hearing where the Court determines whether a final ADVO should be made.

If you are required to attend Court, it is important that you do so. If you fail to attend without a sufficient reason, the Court may make orders in your absence.

What Are the Penalties for Breaching an ADVO?

Breaching an ADVO is a criminal offence under NSW law and can carry a maximum penalty of 2 years imprisonment and/or a fine.

The penalty imposed will depend on factors including:

• the nature of the breach;
• whether violence was involved;
• whether the breach was deliberate;
• the defendant’s criminal history;
• whether there have been previous breaches; and
• the defendant’s personal circumstances.

Depending on the seriousness of the offence, sentencing options may include a Conditional Release Order Without Conviction, Fine, Community Correction Order, Intensive Correction Order or Full-time Imprisonment.

Pleading Guilty to Breaching an ADVO

If you plead guilty to breaching an ADVO, the matter will proceed to sentencing.

The Court will consider the circumstances of the breach, whether it involved violence, your criminal history, personal circumstances, rehabilitation and any remorse shown.

Your lawyer can prepare sentencing material and make submissions aimed at achieving the most favourable outcome available.

Pleading Not Guilty to Breaching an ADVO

If you plead not guilty, the Prosecution must prove the offence beyond reasonable doubt.

Depending on the allegation, issues may include:

• whether you knew about the ADVO;
• whether you knew the relevant condition;
• whether the alleged conduct actually breached the order;
• whether the contact was accidental;
• the reliability of witness or police evidence; and
• whether another legal defence applies.

If the Prosecution cannot prove the offence beyond reasonable doubt, you should be found not guilty.

Defending an ADVO or Breach Charge

Depending on the circumstances, possible defences or issues may include:

• accidental or inadvertent contact;
• lack of knowledge of the relevant order or condition;
• disputing that the alleged conduct occurred;
• self-defence;
• duress;
• necessity; or
• challenging the reliability of the Prosecution evidence.

Every matter is different, and the appropriate strategy will depend on the specific allegations and the terms of the order.

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Which Court Will Hear an ADVO Matter?

ADVO applications and breach charges are generally dealt with in the Local Court of NSW.

Your lawyer can advise you about the court process, whether the order can be contested and what to expect at each stage.

How We Can Help

At Chidiac & Associates, we understand that an ADVO can affect where you live, who you can contact and your relationship with your family.

We can assist by:

• reviewing the ADVO application and allegations;
• explaining each condition of the order;
• advising whether to consent to or contest the application;
• negotiating appropriate conditions where possible;
• representing you at ADVO hearings;
• defending alleged breaches;
• reviewing police evidence and witness statements; and
• preparing sentencing submissions where a guilty plea is entered.

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