5.1 Apprehended Domestic Violence Orders (ADVO)

Legal aid is available to make an application for an Apprehended Domestic Violence Order (ADVO) under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • The Means Test, and
  • they are a victim of domestic violence.

NOTE: see AVO guideline 5.2 for guidance on 'victim of domestic violence' under the ADVO policy.  

NOTE: see Children's crime policy 2.1.2 ADVO for applications involving a child or young person.

NOTE: where assistance under this policy is provided on a duty basis the Means Test does not apply.

Legal aid is available to defend an application for an Apprehended Domestic Violence Order (ADVO) under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

To be eligible for legal aid the applicant must satisfy:

either

  • Legal Aid NSW is satisfied that the applicant for legal aid is a victim of domestic violence, or
  • there are exceptional circumstances.

Note: Legal Aid NSW will be satisfied there are exceptional circumstances where the applicant for legal aid is an Aboriginal woman. See AVO guideline 5.2 for guidance on 'exceptional circumstances' and 'victim of domestic violence' under the ADVO policy.

Note: Where a defendant in an ADVO matter has also been charged with a domestic violence offence see Local Court crime policy 2.2.3.1.

Note: see Children's crime policy 2.1.2 ADVO for applications involving a child or young person.

Legal aid is not available for Apprehended Domestic Violence Orders matters if:

  • Legal Aid NSW is satisfied that the application for an order is frivolous or vexatious, or
  • there are no reasonable prospects of success, or
  • for an applicant in ADVO proceedings, if the application is made by a police officer.