Domestic Violence & ADVO’s

Understanding Domestic Violence Offences and Legal Protections 

Domestic violence offences are governed by the Crimes (Domestic and Personal Violence) Act 2007 (‘the Act’). These offences involve personal violence or acts of intimidation within the context of a domestic relationship, and the legal protections under the Act are designed to safeguard victims from further harm.

Definition of a Domestic Violence Offence

Under the Act, a domestic violence offence includes:

• A personal violence offence;
• An offence arising from the same circumstances as a personal violence offence;
• An offence committed with the intent to coerce, control, or intimidate the victim.

For an offence to be classified as a domestic violence offence, it must be committed against a person with whom the accused shares a domestic relationship.

Criteria for a Domestic Relationship

According to the Act, a domestic relationship exists if:

• The individuals are or have been married;
• The individuals are or have been de facto partners;
• They have or have had an intimate personal relationship (whether or not sexual);
• They live or have lived in the same household;
• They reside or have resided as long-term residents in the same residential facility (excluding correctional facilities);
• One party depends on the other for ongoing care;
• They are relatives, or in the case of Indigenous persons, part of the extended family or kinship system.

Legal protections and consequences under the Act apply to all individuals who fall within the above categories of domestic relationships.

Apprehended Domestic Violence Orders (ADVOs)

An Apprehended Domestic Violence Order (ADVO) is a protective measure that restricts the actions of someone who has been accused of committing a domestic violence offence. Under the Act, police can apply for an ADVO to prevent the accused from contacting or approaching the alleged victim, known as the PINOP (Person in Need of Protection).

While having an ADVO placed on you is not a criminal offence, breaching an ADVO is a serious criminal offence under the Act. This can lead to penalties, including imprisonment.

If you have been issued with an ADVO or are facing domestic violence offences, seeking legal advice is crucial to understand your rights and obligations.

Why You Need Legal Advice for Domestic Violence Offences and ADVOs

Facing accusations of domestic violence offences or having an ADVO placed on you can be distressing. Barker Evans Solicitors provides expert legal advice to help you navigate these complex situations, whether you need to defend against domestic violence charges or understand your rights under an ADVO.

For assistance with domestic violence offences or ADVOs, contact our office on (02) 8379 1892.