Can I remove an ADVO?

Having an ADVO against you can impact many Family Law procedures after separation. You may want to remove the ADVO, otherwise, you may have to relocate away from your former spouse or de facto and any shared children may be restricted.

Is it possible to remove an ADVO?

It can be difficult to remove an ADVO. However, there are some circumstances in which you may be able to remove the Order. Firstly, there are certain pathways you can take to contest the ADVO whilst it is considered ‘interim’ or ‘short term’. You can also remove the ADVO in limited circumstances after it is finalised.

Lifting an interim ADVO

If someone you are in a domestic relationship with, or the police on behalf of that person, applies for an ADVO against you, you may be served an interim or short-term ADVO whilst the matter is being dealt with. An interim ADVO only lasts until the matter is officially decided. However, an interim ADVO still has some qualities of a full ADVO in that it may restrict your behaviour and contact you have with the PINOP.

 

An interim ADVO will only be served in a number of situations, such as:

  • You contest the ADVO and the matter is waiting to be heard in Court
  • You fail to turn up at the required time to a scheduled court appearance regarding an ADVO someone is trying to take out against you
  • Exceptional circumstances, such as the alleged PINOP in need of immediate protection

 

You can challenge the interim ADVO in Court and request to have it lifted. Both sides must present evidence for their case, and the magistrate or judge will make the final decision on whether or not to grant the ADVO. It is important to note that NSW Police tend to take a strong stance against domestic violence, even when the violence is alleged. It can be difficult to argue against an ADVO.

 

Some arguments to help your case may include showcasing that the other person is not at risk of violence, stalking and harassment or providing evidence that the other person deliberately misled the police or court out of malice, revenge or other motives. Also, if either party was not present when the ADVO was made- for example a police officer applied for the AVO for an alleged victim against their will- it is possible to appeal and this may lift the Order.

Removing a Final ADVO

In certain circumstances, you may be able to revoke a final ADVO. This includes situations where the police applied for the ADVO after a suspected domestic violence incidence. However, if there was no evidence suggesting the violence occurred, and the alleged PINOP did not make a statement, this can remove the ADVO.

 

Secondly, there are circumstances in which the alleged PINOP is proven to have deceived police when requesting the ADVO. You can challenge this situation in Court, similar to an interim ADVO, and provide evidence that the ADVO taken out against you is ‘frivolous or vexatious’.