Defining Domestic Violence

In all areas of Australia, domestic violence occurs in all socioeconomic and cultural groups, especially in regional and rural Australia and Indigenous communities. Domestic violence happens when a family member, spouse/partner or former partner pursue to physically and psychologically control or abuse the other. Domestic violence can be exhibited in many forms, including physical abuse, sexual abuse, emotional abuse, intimidation, economic deprivation, or threats of violence.

Most of the victims are women and children and according to studies, a lot of unreported cases of domestic violence concerning women and children occur, thus making it more difficult for authorities to take full control of the extent of the problem. In an attempt to address the problem, the law has made provisions that allow people to make an application for an Apprehended Domestic Violence Order (ADVO), as well as an Apprehended Personal Violence Order (APVO).

Apprehended Domestic Violence Orders (ADVOs)

The Crimes (Domestic and Personal Violence) Act (NSW) 2007 allows a person to make an application to the Court for an Apprehended Domestic Violence Order (ADVO) for the protection of:

1. a person against another person with whom he/she has or has had a domestic relationship, or
2. two or more persons against another person with whom at least one of those persons has or has had a domestic relationship.

In other words, ADVOs are used in circumstances where there is a domestic relationship between the protected person or person in need of protection (PINOP) and defendant.

Apprehended Personal Violence Orders (APVOs)

The Crimes (Domestic and Personal Violence) Act (NSW) 2007 allows a person to make an application to the Court for an Apprehended Personal Violence Order (APVO) if the person has reasonable grounds to fear and in fact fears:  

1. the commission by the other person of a personal violence offence against the person, or
2. the engagement of the other person in conduct in which the other person:
           
   1. intimidates the person, or         
   2. stalks the person.

In deciding whether or not to make an ADVO and an APVO, the court must take the following factors into account:

• the safety and protection of the protected person and any child affected by the conduct of the defendant;
• in the case of an order that would prohibit or restrict access to the defendant’s residence: the effects and consequences on the safety and protection of the protected person and any children living at the residence if an order prohibiting or restricting access to the residence is not made;
• any hardship that may be caused by making or not making the order, particularly to the protected person and any children;
• the accommodation needs of all relevant parties, in particular the protected person and any children; and
• any other relevant matter.

Types of Orders

The Crimes (Domestic and Personal Violence) Act (NSW) 2007 also sets out the types of orders that can be sought in respect of apprehended violence orders. Examples of these orders are as follows:

• The defendant must not assault, molest, harass, threaten, or otherwise interfere with the protected person/s;
• The defendant must not reside at the premises at which the protected person/s may from time to time reside or work, or other premises;
• The defendant must not enter the premises at which the protected person/s may from time to time reside or work, or other specified premises;
• The defendant must not go within of the premises at which the protected person/s may from time to time reside or work, or other specified premises;
• The defendant must not approach, contact or telephone the protected person/s except as agreed in writing or for the purpose permitted by an order or directions under the Family Law Act 1975, as to counselling, conciliation, or mediation;
• The defendant must not approach, contact or telephone the protected person/s except for the purpose of arranging or exercising access to children as agreed in writing or as otherwise authorised by an order, or a registered parenting plan under the Family Law Act 1975;
• The defendant must not contact the protected person/s by any means (even through a third person) except through the defendant’s legal representative;
• The defendant must surrender all firearms and related licenses to Police;
• The defendant must not approach the school or other premises at which protected person/s may from time to time attend or the purpose of education or child care or other specified premises;
• The defendant must not approach the protected person/s within twelve hours of consuming intoxicating liquor or drugs;
• The defendant must not destroy or deliberately damage or interfere with the property of the protected person/s;
• That the court extend the operation of the orders to include the following person/s with whom the protected person has domestic relationship;
• Other orders declared by the Court.

It is important to remember that the making of an Apprehended Violence Order does not terminate a relationship. Such and order aims to provide security for people who are in danger of experiencing domestic violence or abuse during or while in dispute. LAC Family Lawyers can advise and represent you in obtaining an ADVO or an APVO.  

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