Domestic Violence

Domestic Violence

Domestic Violence can involve many different types of abuse, they include mental, physical, verbal and emotional abuse. Stalking and intimidation are also forms of domestic violence. This can include verbal threats as well as threats transmitted via telephone, text message and the internet. 

In circumstances where there is an allegation of an assault which is Domestic Violence Related the Court will step in and make an Apprehended Violence Order on behalf of the Person In Need of Protection or otherwise known as the "PINOP".

These types of orders not only protects the PINOP but also protects any person with whom the PINOP has a domestic relationship. This can include children, de-facto partners and extended family members. 

Conditions the Court May Impose
 There are many conditions that the Court can impose, some of those are:  
  1. That the defendant must not:
    1.  assault, or threaten the protected person/s;
    2. stalk, harass, intimidate them;
    3. intentionally or recklessly destroy or damage any property that belongs to or is in the possession of the protected person/s.
    4. approach the protected person/s or to contact them in any way  - for example you must not contact them in person or through phone, text, emails, Facebook or any electronic messaging service; 
    5. go to a place where the protected person works, lives or goes to school;
    6. approach the protected person/s after consuming alcohol or illicit drugs;
    7. live at the same address as the protected person/s.

ADVO vs APVO - What's the Difference?
 There are two different types of Apprehended Violence Orders, the first is the Apprehended Domestic Violence Order (ADVO). This is made where the people involved are related or have had a domestic or intimate relationship. 

The second is an Apprehended Personal Violence Order (APVO). This is made where the people involved are not related or do not have a domestic or intimate relationship, for example, they are neighbours, or where a person is being stalked or intimidated by someone who they do not have a domestic relationship with. 

If you are a defendant, as in, if someone is asking the court to be protected against you, it is important to understand that an AVO is not a criminal charge. It is an order for a PINOP's protection in the future. It is often the case that a ADVO will be accompanied by criminal charges such as an common assault, stalk/intimidate, destroy/damage property, assault occasioning actual/grievous bodily harm. 

It is usually the case that the result of the ADVO will follow the result of the criminal charges. We have successfully defended AVOs and obtained Apprehended Violence Order applications. Please contact us to discuss your case. 

Are you experiencing Domestic Violence? 
If you are experiencing domestic violence and you need support please contact the Women's Domestic Violence Court Advocacy Services. Their service can assist you if you have any questions. You can contact them on (02) 8815 8175. You can also contact 1800 RESPECT which is a counselling, information and referral service. This service is is a 24 hour, 7 days a week service. If you are homeless as a result of domestic violence please call Link2Home on (02) 8815 8175. 

If you are in a same sex relationship and need assistance please contact the Safe Relationships Project Domestic Violence Court Assistance on (02) 8815 8175. 

Family Violence Law Help 
Familyviolencelaw.gov.au is a new national website for people wanting to understand domestic and family violence, the law and where to get help. It can be used by people affected by domestic and family violence, educators and frontline workers.

Family Violence Law Help has free, easy to understand information about:
  • domestic and family violence
  • family law
  • child protection law
  • Apprehended Domestic Violence Orders, and
  • where to get help.
The website can be translated into different languages and has useful factsheets that can be downloaded or printed. It uses illustrations throughout to help with readability. It also has information about the NSW Family Advocacy and Support Service (FASS), who provide free legal and social support to people affected by domestic and family violence.

Family Violence Law Help was developed by Legal Aid NSW on behalf of National Legal Aid. The project has been funded by the Commonwealth Attorney-General’s Department.

Download a Fact Sheet by clicking here.


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