Staying Home Safe

LEGAL SAFETY

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You have a right to be protected from violence. Having to tell your story for legal processes can be stressful, so please use support services to help.

Apprehended Domestic Violence Order (ADVO) If you are worried about the abusive person contacting or approaching you, you may wish to apply for an ADVO, or an Apprehended Domestic Violence Order, which is a type of court order, from your local Police Station. To obtain an ADVO you will need to make an application at your local Magistrates’ Court. This is a legal hearing. You may be required to tell the magistrate what has happened and, in some cases, present any other evidence you have. The best way to prepare for a legal hearing is to seek legal advice. A Women’s Court Advocacy Service or a lawyer can explain how the process works, what evidence there is and what your options are. Once the ADVO is made and given to the abusive person, the police have the power to arrest, detain, or charge them if they break its conditions. An application for an ADVO can be made by: - a police officer on your behalf - you personally through the Local Court

You will need to provide as much of the following information as you can:  the full name, address, date of birth (if known) of the person you want protection from  the names of anyone else you want protected by the order, such as: children, other family members who have lived with, or are living with you  all places you want your abuser to stay away from (places where you or your children attend)  details of the incidents that are causing you to fear the defendant, including the most recent incident  details of any reports or statements made to the police, including any event numbers  details of any medical reports or treatment by a doctor or hospital relating to any injuries caused by the defendant  evidence of any damage to property (for example photos)  the defendant’s history of violence, use of alcohol or other drugs, or access to weapons  information about any mental health issues  other court orders that have been made in the past to protect you from the defendant © State of New South Wales (Department of Communities and Justice), LawAccess NSW, 2020

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