ADVO CONDITIONS – STANDARD AND ADDITIONAL CONDITIONS

ADVO CONDITIONS:
STANDARD ADVO CONDITIONS – MANDATORY CONDITIONS OF ADVO’s

Every ADVO/APVO includes condition 1, which is the mandator or standard condition and is referred to as ‘ Orders about behaviour’.

CONDITION 1:
  1. The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:(A) Assault or threaten them,
    (B) Stalk, harass or intimidate them, or
    (C) Intentionally or reckless destroy or damage any property or harm any animal that belongs to or is in the possession of them.

This condition is intended to emphasise and reinforce existing laws against the listed conduct.

ADDITIONAL ADVO CONDITIONS:

Depending on the circumstances that lead to the AVO application, additional conditions can be sought to protect the named individual/s.

The additional orders can be further divided as orders relating to:

  • Contact with others,
  • Family law and parenting,
  • Movement, and
  • Firearms.

The additional conditions that can be included in an AVO are:

ORDERS RELATING TO CONDUCT IN ADVO CONDITIONS:
CONDITION 2:
  1. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

This condition prevents any contact (including through social media, family and friends, and even using the description in bank transfers to send a message) unless the contact is through a lawyer.

CONDITION 3:
  1. You must not approach:

a)  the school or any other place the protected person might go to for study,

b)  any place they might go to for childcare, or

c)  any other place listed here___.

This condition places a restriction on where the defendant can specifically go.

CONDITION 4:
  1. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs.

This condition places a restriction on being near the protected person after drinking alcohol or taking illicit drugs. It does not matter if you do not feel drunk or affected.

CONDITION 5:
  1. You must not try to find the protected person except as ordered by a court.

This condition places a restriction and prevents the defendant from looking for the protected person. This includes asking family and friends.

Orders relating to family law and parenting

CONDITION 6:
  1. You must not approach the protected person or contact them in any way, unless the contact is:
  2. a)  through a lawyer, or
  3. b)  to attend accredited or court-approved counselling, mediation and/or conciliation, or
  4. c) as ordered by this or another court about contact with child/ren, or
  5. d) as agreed in writing between you and the parent(s) about contact with child/ren, or
  6. e) as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.

This condition gives some flexibility with how and why the defendant can contact the protected person when there are children involved.

ORDERS PERTAINING TO MOVEMENT:

CONDITION 7:
  1. You must not live at:
  2. a)  the same address as the protected person, or
  3. b)  any place listed here ___.

This condition places a restriction and prevents the defendant from living with the protected person, or at a particular address.

CONDITION 8:
  1. You must not go into:
  2. a)  any place where  the protected  person lives, or
  3. b)  any place where they work, or
  4. c)  any place listed here___ .

This condition places a restriction and prevents the defendant from entering the protected person’s home, work or another specific address.

CONDITION 9:
  1. You must not go within ___ metres of:
  2. a)  any place where the protected person lives, or
  3. b)  any place where they work, or
  4. c)  any place listed here___.

This condition places a restriction and prevents the defendant from being a specified distance to the protected person’s home, work or other specific address. This includes passing through the area, for example, driving on the street even if it is for an unrelated reason.

ORDER RELATING TO FIREARMS AND PROHIBITED WEAPONS

CONDITION 10:
  1. You must not possess any firearms or prohibited weapons.

This condition places a restriction and prevents the defendant from owning any firearm or prohibited weapon.

Need more information about ADVOS? Visit here. 

IMPORTANT INFORMATION TO KNOW ABOUT ADVOS:
  1. There are serious consequences of breaching an ADVO which includes a maximum term of imprisonment of 2 years
  2. You can consent to ADVO without any admissions of fault or wrongdoing.
  3. You can negotiate the terms of the ADVO.
  4. You can offer a “lapsing order” at some courts.
  5. A final ADVO is not a ‘criminal conviction’, however, contravening an ADVO is a criminal offence.
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