An Predator Domestic Violence Order Essay

1548 Words May 29th, 2016 null Page
An Apprehended Domestic Violence Order (ADVO) reflects the community’s expectation that the State will care and protect child. However the enforceability of ADVOs is limited because it relies upon resource efficiency in the executive powers and the compliance of violent perpetrator. An ADVO is made under the Crimes (Domestic and Personal Violence) Act 2007(NSW). Family violence is defined by the Family Law Act 1975 (Cth)(FLA) as ‘violent, threatening or other behaviour by a person that coerces or controls a member of the person 's family (the family member), or causes the family member to be fearful.’. An ADVO can be applied on the behalf of a child or be taken out by a police officer on behalf of the child if they have fears that about their safety. The role of an ADVO is to protect the child from further violence, intimidation or harassment. The Local or Children’s Court will grant an ADVO on a balance of probabilities. An ADVO is not a criminal record but if it is violated then it becomes a criminal offence and the police may arrest the offender. The maximum penalties for a breach are a $5500 fine and/or two years imprisonment. (Crimes (Sentencing Procedure) Act 1999). The court will specify conditions such as the defendant is not to come within 500 metres of the victim or contact the victim via social media. However approximately a reported 18% of ADVOs are breached (("Do Apprehended Domestic Violence Orders work? | Redfern Legal Centre", 2016) indicating non-compliance…

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