​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself > AVOs > AVOs and Family Law

Apprehended Violence Orders and Family Law - Frequently Asked Questions

​1. Do I have to attend family dispute resolution if there is an ADVO in place?

Family dispute resolution is compulsory for everyone before starting a parenting matter in court. However, if there has been a history of violence or child abuse, you may be excused from attending FDR.

If you have been invited to attend FDR and there has been a history of violence, there is an ADVO in place or you feel unsafe about attending you should speak with the FDR service or provider and explain why you do not want to attend.

The provider may speak with you about alternative arrangements for FDR, such as being legally represented during the FDR, being in separate rooms from your ex-partner or FDR over the telephone.

If the FDR provider decides that it would be inappropriate to do FDR, they can issue a certificate saying that the FDR is inappropriate. 

​​​​​

2. My ex-partner has an AVO against my current partner. My current partner would like​ to move in with me but my ex-partner is threatening to go back to court and have the parenting orders that we have in place changed if he does. Can my ex-partner do that?

Either parent can apply to vary a parenting order at any time but they have to show there has been a significant change in circumstances since the order was made.

If the court believes that there has been a significant change in circumstances it will make any further orders on the basis of what is in the best interests of your children. ​

You should get legal advice about your situation.

​​​​​

3. What can I do if I am worried about my safety when I go to court for parenting orders?

If you are worried about your safety at court, you should let the court know as soon as possible. Usually you will be able to speak with a Client Service Officer who will decide what steps should be taken to make sure you can still be involved in the court process and feel safe. You should give the court at least two days notice.

If you already have an ADVO against your ex-partner, you should also let the court know.

For more information, go to the Federal Circuit Court webs​ite​ and read the brochure 'Do you have fears for your safety when attending court?'​

​​​​​

4. Can the children still spend time with a parent when that parent has an ADVO against them?

If there are no parenting orders in place, an ADVO may make spending time with or contacting the children difficult. Whether a parent can still spend time with the children will depend on what restrictions there are on the parent who the ADVO is against.

If the other parent has applied for an ADVO against you, you should seek legal advice before going to court for the ADVO. You should particularly get advice about the additional orders on the ADVO and how these might affect your parenting arrangements.

For more information, see Mandatory and additional orders​.

If there is an ADVO in place and you are unsure whether the restrictions prevent or restrict parenting arrangements, you should get legal advice. ​

​​​

5. Can we still do family dispute resolution  (FDR) even if there is an ADVO in place?

You may still do FDR is there is an ADVO in place, as long as there is no restriction on the ADVO that prevents the defendant being in direct contact with the protected person. If you are unsure about the restrictions on the ADVO, you should seek legal advice.

If you want to start FDR, you should tell the FDR provider that there is an ADVO in place. The provider may talk to you about alternative arrangements for FDR, such as being legally represented during the FDR, being in separate rooms or FDR over the telephone.

If there has been a history of violence or child abuse, the parties may be excused from attending FDR. If the FDR provider decides that it would be inappropriate to do FDR,  they can issue a certificate saying that FDR is inappropriate. ​ 

​​​​​

6. How does an ADVO affect arrangements about children under existing parenting orders?

An ADVO does not override the obligations in a parenting order. Parents and anyone else named in a parenting order have a legal obligation to​ make sure that parenting orders are followed. However, if an ADVO is made, you should consider whether the parenting orders are still appropriate in your circumstances.

If you think that the parenting orders are not appropriate, you should seek legal advice about varying the orders. The court can vary the parenting orders, if the court finds that there has been a significant change in circumstances.