Some tips to prevent being involved in or breaching an ADVO after separation

What tips are there to prevent an Apprehended Domestic Violence Order from being issued?

For an Apprehended Violence Order to be successful, the Court must be satisfied on the balance of probabilities that the protected person fears you and that it was reasonable for the protected person to have that fear.

Although, when dealing with an Apprehended Domestic Violence Order, the protected person does not necessarily need to fear you but has reasonable grounds to fear you.

Should you have concerns about your former partner being strategic in near foreseeable proceedings before the Family Court, you would be wanting to list and gather all evidence in support to contest an Apprehended Domestic Violence Order, should this be the most suitable course of action under the circumstances.

If you are facing a former partner who has already made such threats of calling the police and making false allegations, it would be wise to start taking notes with respect to same and/or make a report with police, depending on the circumstances of the threat/s.

If you find yourself with a Final Order Apprehended Domestic Violence Order, it is recommended to follow the conditions of your Apprehended Domestic Violence Order to avoid any unnecessary allegation/s of you breaching your Apprehended Domestic Violence Order.

Should you find yourself before the Court in contravention of an Apprehended Domestic Violence Order, you may be held criminally liable and you may be facing criminal charge/s.

Should you be faced with inconsistencies between a Final Order Apprehended Domestic Violence Order and Family Court Orders, 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

Read our plain English handbooks

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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