I have been served an ADVO application in the Local Court, what do I do next?

Served with an Apprehended Domestic Violence Order… What to do next?

In New South Wales, there are two types of Apprehended Violence Orders under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), namely an Apprehended Domestic Violence Order and an Apprehended Personal Violence Order.

The difference between the two is that an Apprehended Domestic Violence Order is used where there is or where there has been a domestic relationship between the protected person/s and the defendant. Whereas, an Apprehended Personal Violence Order is used where there is no or where there has been no domestic relationship between the protected person/s and the defendant.

You have been served, what now? Once you have been served with an Apprehended Domestic Violence Order, you are required to attend Court.

Which Court are you required to attend? You can locate the Court details on the first page of your Apprehended Domestic Violence Order, along with the date and time in which you are required to attend Court.

What happens if you choose not to attend Court? Should you choose not to attend Court, the Court may hear the application for an Apprehended Domestic Violence Order in your absence or issue a warrant for your arrest. If you are arrested, you will be brought before the Court.

Do you now have a criminal record? In short, no due to Apprehended Domestic Violence Orders being civil orders. However, should you choose to breach your Apprehended Domestic Violence Order, you may be charged with a criminal offence.

Unsure what to do? Unsure about what options are available to you? Our firm is more than capable of providing you with the necessary legal advice. Do not hesitate to contact us on (02) 4578 5611 or via email: info@rafton.com.au.

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These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.

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