I’ve been served with an ADVO!

28-February-2024 Family Law By Angelika Turner

An ADVO or Apprehended Domestic Violence Order

“But how could this have happened? I’ve never been violent towards my partner!” – have you been served with an ADVO and not sure what to do? Call Streeterlaw now to discuss your options and consider how this may affect your family law matter.

What is an ADVO?

An ADVO or Apprehended Domestic Violence Order is an Order that is designed to protect victims of domestic violence from the threat of actual harm, stalking, intimidation, and harassment. Victims of domestic violence can include partners, children, or other people living in a domestic relationship with their perpetrator. ADVO’s are common in family law proceedings as statistically, domestic and family violence is more likely to occur around the end of a relationship or after separation.

In circumstances where there are allegations of domestic violence, police can take out a Provisional ADVO to protect victims, by imposing conditions on alleged perpetrators. These conditions vary on a case-by-case basis but will include restrictions on stalking, intimidating, and harassing the victim and may include restrictions on accessing property or approaching the victim.

What does this mean for me in the context of my family law matter?

While allegations of domestic and family violence are very serious, some parties use ADVO’s as a tool in family law proceedings to achieve exclusive occupation of a property.

The Federal Circuit and Family Court of Australia (“FCFCOA”) may make additional Orders in light of an ADVO, to protect a party and to ensure their safety throughout the family law process, including by ordering that one party is to have exclusive occupation of a property. In parenting matters, the FCFCOA will consider what is in the best interests of the child(ren), in light of domestic violence allegations and an ADVO. So, what does this mean for you? Will you be able to see your children? Will you need to vacate your home and find alternate accommodation?

If you are served with an ADVO, or if you have concerns about how an ADVO may affect you and your journey through the family law process, we encourage you to contact our Family Law team today onto discuss the steps that can be taken to defend an ADVO and how to move forward with your family law matter. Call us today on 02 8197 0105 and let Streeterlaw help you resolve your family law or ADVO

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