When to apply for an Apprehended Domestic Violence Order

Published 18 Apr 2019

Protecting yourself from abuse of any kind by a partner or husband is important. To this end, New South Wales has an Apprehended Domestic Violence Order (ADVO) that you can apply for which restricts the offending individual from being able to approach you and threaten your wellbeing. 

When can you apply for an ADVO?

Protection orders are designed to keep you safe from physical, sexual or psychological abuse, and stalking. For a court to successfully issue an ADVO and provide you with legal protection, you need to show that you fear one or more of the following behaviours:

  • Harassment and intimidation. 
  • Physical violence or damage to your property. 
  • Stalking. 

A police officer or a legal guardian can apply for an ADVO on your behalf. You can make the application for yourself as well, as long as you're older than 16. If you're under 16, you'll need to involve the police as they are the only ones that can organise getting the ADVO on your behalf. 

How can you apply for an ADVO?

There are two main ways you can apply for an ADVO:

Police Application

The police are legally required to take out an ADVO for you in certain circumstances. When the application is assessed, they'll represent you in the proceedings.

Occasionally, depending on the scenario, they'll issue a provisional ADVO to provide you with instantaneous protection. For example, this could happen in a domestic violence scenario where a police officer believes you're currently in danger and require immediate intervention to ensure your safety. 

You can approach the police and ask them to make an application for you as well.

Court Application

If the police aren't involved, and you choose not to go to them for their help in the matter, you can still apply for the ADVO yourself. 

As each Court might use a different process, it's best to contact yours to find out how you should proceed. You might need to make an application with the registrar so that they can help you fill out the application. 

If you're considering applying for an ADVO, it's important that you get expert legal advice to assist you with the process. Reach out to the team at Malouf Solicitors - we're here to help you navigate any potential issues or consequences that might arise. 

Please call us on 02 8833 2000 to speak with a lawyer

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