Apprehended Domestic Violence Orders (ADVOs) are swamping the NSW Local Court system.

An ADVO is a court order that aims to protect a person in need of protection (PINOP) from another person. It is a criminal offence to breach an order.

An ADVO can protect a person from:​ violence or threats of violence, stalking, intimidation, harassment, and property damage or threatened damage.

If you are restrained by an ADVO, conditions can be imposed that prevent you from returning to your family home.

In 2020, there were 33830 final ADVOs granted by the NSW Courts, according to the Bureau of Crime Statistics and Research (BOSCAR). This was up from 28812 in 2016, an increase of 17 per cent. This figure does not factor in the number of ADVOs which were not granted.

NSW criminal courts finalised 140,644 court appearances in 2020/21, an increase of 20,394 (17%) from the previous year (120,250 in 2019/20).

On these figures, although the reporting periods do not align exactly, ADVO’s represent roughly one quarter of local court matters finalised in that reporting period. The number of ADVOs applied for by police has been tracking steadily upwards since 2016.

“ADVOs are overwhelming the NSW Local Court system and a new balance has to be found between the need to protect people from domestic violence and the need to protect the rights of the accused,” Nott and Co Lawyers principal solicitor, Mathew Nott, said.

“The delays in contested matters are an affront to the administration justice and to the rights of the people who stand accused of domestic violence.

“You contest an ADVO, as you have the right to do given the reputational and employment impacts, you need to go before the Courts on at least three occasions and maybe more. The cost can run into thousands of dollars.

“We have one client at Liverpool who has been waiting more than 20 months to have her matter resolved, through no fault of her own.

“Another client is still living with the pressure and will wait 15 months until she is heard at Bankstown.”

Legislators have enacted laws to safeguard the vulnerable and police play a key role in applying to the Courts for protective orders yet there is no doubt the system is being manipulated in some instances.

Police and the courts can be used by legally informed “victims” who make complaints by way of a pre-emptive strike. This can occur if there are family law proceedings on foot and parental custody is being litigated.

Courts are backlogged. The long delays keep interim ADVOs enforceable even though they may be without merit. Real injustice occurs when these interim orders are defeated at Court.