There is a common consensus that most domestic violence perpetrators are known to their victims, such as partners, friends or family. If two parties are married, in a de facto relationship, related or are family members, a local court may issue an Apprehended Domestic Violence Order (ADVO) in case of reported domestic violence. An ADVO protects a victim from harassment, assault, intimidation and further violence. Here is what you need to know about ADVO.
Conditions of an ADVO
An ADVO has specific requirements that a court can define. Besides, breaching the conditions can lead to a jail term or hefty fines. If you are an accused perpetrator of domestic violence, an ADVO states that you should not assault or threaten a victim. You should also not intimidate, harass, stalk or intentionally damage or destroy a property belonging to or in possession of the person in need of protection (PINOP).
Parenting Orders and ADVO
Parenting orders are issued by courts with federal jurisdictions, such as the Family Court and the Federal Circuit Court. The orders relate to how separated parties will cooperate concerning sharing parental responsibilities. Such orders might require partners to liaise in parenting or even come into contact with each other, especially when delivering a child to the other party's care. Therefore, a conflict may arise when domestic violence occurs between couples who have parenting orders, and then a lower court issues an ADVO. Remember that in Australia, decisions of the Commonwealth (Federal courts) override those made by states or territories. Therefore, parenting orders override inconsistencies in an ADVO. For example, a person might not breach the law if a parenting order allowing them to collect a child on a specific day and time from the home of a person protected by an ADVO is not respected. The same applies regardless of whether an ADVO states that the party should not be within 100 metres of the home.
Consenting to an ADVO
Although defendants may be told by other parties, such as the police, that consenting to an ADVO has no significant legal ramifications, nothing could be further from the truth. As your lawyer will explain, consenting to an ADVO signifies that you are in breach of such orders. Thus, police can arrest and charge you with criminal offences, regardless of whether the allegations will be proven true or false. Besides, a family court could rely on an ADVO to limit or deny you access to your children during family law proceedings. Also, you may be denied equal shared responsibility in terms of caring for your kids. You can consult a lawyer to increase the chances of an ADVO application being dismissed by a court.
Contact a family law solicitor for more information.