Domestic & family violence and ADVO’s (Apprehended Domestic Violence Orders).
What constitutes domestic & family violence?
The Family Law Act 1975 (Cth) (“the Act”) has extensive provisions regarding domestic & family violence. It describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. The Act recognises that family violence can take many forms including:
assault (including sexual assault or other sexually abusive behaviour);
stalking;
repeated derogatory remarks or taunts;
intentionally damaging or destroying property;
unreasonably denying the family member the financial autonomy that they would otherwise have had;
unreasonably withholding financial support needed to meet reasonable living expenses of the family member, or their child, at a time when the family member is entirely dependent on the person for financial support;
preventing the family member from making or keeping their connections with their family, friends or culture; and
unlawfully depriving the family member, or any member of the family member’s family, of their liberty.
When making a parenting order, the Court is required to make an order which is in the best interests of the child or children. When considering the best interests of the child or children and where domestic & family violence is alleged, the Act directs the Court to give greater weight to protect a child from physical and/or psychological harm, or from being subjected or exposed to abuse, neglect or family violence.
What is an ADVO?
Apprehended Domestic Violence Orders (ADVO’s) are orders that place restrictions on someone who has been violent or abusive towards a person and ultimately serves to protect and ensure the safety of the person in need of protection.
ADVO applications are most commonly made by the New South Wales Police after a complaint has been made. Depending on the circumstances and nature of the complaint, criminal charges my also be imposed on the individual who has been violent and/or abusive.
However, it is important to note, an ADVO is not a criminal matter or a criminal charge, unless charges have been laid in addition to the ADVO.
If you, or someone you know, has been a victim of domestic violence, we urge you to contact the National Sexual Assault, Domestic Family Violence Counselling Service on 1800 737 732.