In New South Wales, an Apprehended Domestic Violence Order (ADVO) is a legal measure designed to protect individuals from domestic violence. A stand-alone ADVO application is one that is initiated independently, without accompanying criminal charges. Here’s a detailed look at how this process works:

What is a Stand-Alone ADVO?

A stand-alone ADVO is sought when an individual, known as the Person in Need of Protection (PINOP), feels threatened or at risk of domestic violence but there are no concurrent criminal charges against the alleged perpetrator. This type of application can be made directly to the court by the PINOP or through the police.

The Application Process

1. Filing the Application:
   • The application for a stand-alone ADVO can be made at a Local Court. The applicant must complete the necessary forms, which can be obtained from the court registry. Assistance in filling out these forms is available from court staff.
2. Serving the Application:
   • Once the application is filed, it must be served on the defendant. This is a crucial step, as the court cannot proceed with the application unless the defendant has been properly notified. Service can be done personally or through a process server.
3. Court Hearing:
   • The court will schedule a hearing where both parties can present their case. The PINOP must attend this hearing. If the PINOP fails to appear, the court may dismiss the application. During the hearing, the court will consider the evidence and decide whether to grant the ADVO.
4. Court Decision:
   • The court may issue an interim ADVO if it believes there is an immediate risk to the PINOP. A final ADVO will be granted if the court is satisfied that the order is necessary to ensure the safety of the PINOP.

Important Considerations

• Safety Concerns: If the PINOP has safety concerns, they should inform court staff and seek assistance from support services such as the Women’s Domestic Violence Court Advocacy Services (WDVCAS).
• Compliance with Existing Orders: Until the court makes a decision, the applicant must comply with any existing orders.
• Legal Representation: While not mandatory, having legal representation can be beneficial in navigating the complexities of the legal system.