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Policies

4. Criminal Law Matters – when legal aid is available

4.4. Apprehended Domestic Violence Orders

4.4.1 Applicants in Apprehended Domestic Violence Orders

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) when the applicant for legal aid is a protected person who lives in a domestic relationship as defined under Legal Aid NSW policy.

For legal aid to be granted in these matters the following tests must be satisfied:

See the Women's Domestic Violence Court Advocacy Program for information about Legal Aid NSW court advocacy program for women making applications in ADVO proceedings.

See Criminal Law Guideline 1.7 on applying the ADVO policy.

See Representation chapter for policy on how ADVO matters are assigned between in-house and private legal practitioners

4.4.2 Defendants in Apprehended Domestic Violence Orders

Legal aid is available to defend an application for an apprehended domestic violence order (ADVO).

For legal aid to be granted in these matters the following tests must be satisfied:

4.4.3 Apprehended Domestic Violence Order – cross-applications

Legal aid is available to defend an apprehended domestic violence order (ADVO) cross-application.

For legal aid to be granted in these matters the following tests must be satisfied:

See Criminal Law Guideline 1.3.4 for costs in defending ADVO cross-applications.

Legal aid is available to make an application for an apprehended domestic violence order (ADVO) cross-application if the legal aid applicant is the defendant in associated apprehended domestic violence proceedings.

For legal aid to be granted in these matters the following tests must be satisfied:

4.4.4 When legal aid is not available in Apprehended Domestic Violence Order matters

Legal aid is not available for apprehended domestic violence order 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.




Date Last Published: 20/01/2017