defendant consents to avo and commits breach
purpose of an advo
An Apprehended Domestic Violence Order, more popularly known as Apprehended Violence Order, applies to persons in a domestic relationship. The application for ADVO may be with or without the consent of defendant.
An Apprehended Domestic Violence Order (ADVO) is sought by the victim in a domestic relationship. The order is usually made only after hearing but there are those exemplary instances when the alleged perpetrator does not contest an ADVO application. Consenting to it is not admitting to the commission of violence. However, the breach of an ADVO made with the defendant’s consent is still a criminal offence.
It is meant to establish protection measures in a domestic relationship. Through the ADVO or Apprehended Violence Order as it is more commonly known, violent acts will be restrained. Safety parameters will be set in the relationship that is applicable to both the applicant and the defendant.
When a spouse or de facto partner commits violence his action may be restrained through an ADVO. The relationship may be current or already ended and it may be between heterosexual or same sex couples as long as there is an intimate relationship or that the parties live together.
There are two options. The first is for the respondent to consent to the issuance of the ADVO. This means that the case will no longer go through a hearing because the respondent is being cooperative. The applicant therefore does not have to go through great lengths anymore in proving the violence and the need for protection. The consent of the respondent is qualified because there is no admission on his part that he is guilty of domestic violence. This option is called consent without admission. The respondent is merely agreeing with the order of the court that establishes protection measures.
The second option is not to consent to the order. A hearing will be conducted on the application unless the court will decide that based on the allegations therein there is sufficient evidence to support an order. If ever a hearing is listed under the court’s schedule, each party will then be directed to serve their affidavits to each other. Then the case will go to trial.
The order can be made on the first day in court such that you no longer have to attend further hearings. However, if the court adjourns to another date you don’t need to attend anymore since you already manifested during the first hearing that you will not be disputing the order.
You can be held liable for the breach which is a criminal offence. The violation of an ADVO order is punishable by gaol time, fine or both. Thus, you will then have a criminal record.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.
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