Criminal Lawyers Group recently represented a client in an Apprehended Domestic Violence Order (ADVO) matter at Parramatta Local Court, where his wife was listed as the Person in Need of Protection (PINOP).
The matter arose after police were called to the family home following a verbal argument between the parties. Although no physical violence occurred, police made an application for an ADVO out of caution.
Our client approached us shortly after his first court appearance after seeking an adjournment for legal advice. He explained that the incident was a one-off argument and that his wife did not wish for an ADVO to be in place, nor did she hold fears for her safety.
We acted promptly to prepare the case.
We first arranged for the PINOP to obtain independent legal advice. She then provided a statement confirming that she did not support the continuation of the ADVO. In her statement, she made it clear that our client was not a violent or aggressive person and did not pose a risk to her safety.
At the same time, we assisted our client in taking proactive steps to address the situation. He engaged in counselling and implemented strategies to better manage conflict and communication within the relationship. The PINOP confirmed that her primary concern was preserving the relationship rather than seeking court protection.
We then prepared detailed legal representations to NSW Police, identifying key issues with the application. In particular, we highlighted that there was no evidence of any physical violence, no ongoing risk, and that the PINOP did not provide a formal statement expressing fear. We also addressed the relevant considerations under Section 16 of the Crimes (Domestic and Personal Violence) Act 2007, submitting that an AVO was neither necessary nor appropriate in the circumstances.
Following our representations, police agreed to withdraw the ADVO application.
This result allowed our client to avoid an ADVO, continue his relationship with his wife without restrictions, and move forward without the impact of court orders.
If you are facing an ADVO or similar allegations, obtaining early legal advice can make a significant difference. Contact Criminal Lawyers Group for expert representation.