Family violence orders (Apprehended Domestic Violence Order)

Family violence orders (Apprehended Domestic Violence Order)

Family Violence Orders, an Apprehended Domestic Violence Order (ADVO) is generally made to protect someone from family violence. An ADVO usually prohibits one family member from coming within a certain distance to the other parent, or stalking or harassing the other family member.

Under the provisions of the Act, upon the issuing of an ADVO, a person subject to such an order can usually only come into contact with the other person only under the following circumstances:

  • delivering or collecting a child who is spending time with a parent or another person, as provided for by the Act; or
  • allowing the person to attend family counselling, family dispute resolution, family consultant meetings or court during family law proceedings.

It should be highlighted that child protection orders differ from an ADVO in that such orders are issued by the Children’s Court, if there is a belief that the child is in need of protection. However, children can be included in such orders.

If the person consents to an order to be made, a magistrate can issue an ADVO.

Additionally, a person can agree to the ADVO, however, they may not need to admit any wrongdoing.