Domestic violence refers to a personal offence committed by a person against another and where both live in the same household.
What are the forms of domestic violence?
Domestic violence can take many form such as:
physical and or sexual assault,
verbal abuse and insults,
threats and intimidation,
harassment and stalking.
Who commits domestic violence?
The person who commits an act of domestic violence may be a:
partner or ex-partner
carer or person living in the same household
What can be done?
If you feel threatened or are worried about your family’s safety call Triple Zero (000). Police can arrest and charge the person who is violent or threatening. They can make an application on your behalf for an Apprehended Domestic Violence Order (ADVO) to protect you from future threats and/or violence.
Where there is no immediate danger and you would like to seek help or advice, call the FACS Domestic Violence Line, 24 hours a day, 7 days a week on 1800 656 463 (free call).
What is an Aprehended Domestic Violence Order (ADVO)?
An ADVO is an order made by the court to protect you from violence, threats and harassment. This order can include an Exclusion Order which prohibits the abusive person from returning to the home. The ADVO restricts the behaviour of the person you fear by placing conditions on the ADVO. These conditions can be:
Not to assault, harass, threaten, stalk or intimidate you,
Not to enter, remain on or access any premises you occupy or work in,
Not to contact you directly or through a third party.
How can you apply for a ADVO?
You can apply in two ways:
Through the police (called a police application) or
Through the Chamber Registrar at any Local Court (called a private application)
Do I need representation?
If you applied for a police application the police will speak in court regarding your application and you do not need a solicitor to represent you. However our Service will still be available to offer you assistance.
If you made a private application our Service can offer you support service and assist you with organising legal representation.