How Does an ADVO Affect Parenting Arrangements and Family Court Orders?

An ADVO and a parenting matter can begin as two separate legal issues and very quickly become connected.

If an Apprehended Domestic Violence Order includes conditions about communication, contact or the children, those conditions can have an immediate effect on what happens after separation.

That is why one of the first things to understand if you are served with an ADVO is not just that the order exists, but what it actually says you can and cannot do.

What is an ADVO?

An ADVO is an Apprehended Domestic Violence Order.

It is generally made in circumstances where violence has been alleged within a relationship and can contain conditions regulating what the person subject to the order can do.

Those conditions may include restrictions on contacting or communicating with the protected person.

Can the children be included?

Yes. Where police have concerns about risk or safety for the children, they may also be included on the ADVO. This becomes particularly important where there is a condition preventing contact or communication with them. If that is the case, the order may affect whether time with the children can continue in the way it previously had. That is why we recommend getting legal advice as soon as you are served. You need to understand the conditions properly before contacting your former partner or the children and accidentally doing something the order prevents you from doing.

What should I do if I have been served?

Start by understanding every condition on the order.

For example, an ADVO may state that you cannot communicate with the protected person.

If you then contact them without understanding that restriction, you may place yourself in a position where the conditions of the order have been breached.

The immediate question is therefore not simply, “Do I agree with the ADVO?”

It is, “What am I allowed to do while this order is in place?”

Once you understand that, you can look at how the ADVO itself will be dealt with and whether there are also family law issues that need to be addressed.

Interim and final ADVOs

An interim or provisional ADVO is generally put in place at the earlier stage of the matter.

From there, the matter may progress in different ways. A final ADVO may ultimately be made, or the matter may proceed to a defended hearing where whether a final order should be made is determined.

If a final ADVO is made, it remains in place for the period specified in the order and will have an expiration date.

What happens when there is also a parenting matter?

This is where getting advice across both matters becomes particularly important.

An ADVO may contain conditions preventing contact with the children, while at the same time there may be a family law issue about when and how a parent should spend time with them.

Family Court parenting orders can interact with the conditions of an ADVO.

For example, if Family Court orders are made allowing a parent to spend time with a child, the two sets of orders need to be considered together.

They should not be treated as completely separate problems.

Can an ADVO also affect who stays in the family home?

It can.

An ADVO may include conditions preventing someone from attending the protected person's home or coming within a certain proximity of them.

This is different from a situation where there is no domestic violence issue but a separated couple is still living under the one roof and one person wants the other to leave.

In that situation, an exclusive occupation order through the Family Court may be an option.

The distinction matters because the two orders are doing different things. One is about protection. The other may be about who can remain living in a property while the broader family law matter is being resolved.

The two matters can overlap

If you have been served with an ADVO while also dealing with parenting arrangements, it is important to look at the whole picture.

You need to know what the ADVO currently allows, what it prevents and whether separate family law orders are needed to deal with time with the children.

Understanding that interaction early can help you avoid inadvertently breaching an order while making sure the parenting issues are also being properly addressed.