Policies
4. Criminal Law Matters – when legal aid is available
4.4. Apprehended Domestic Violence Orders
4.4.1 Apprehended Domestic Violence Orders - Applicants
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).
For legal aid to be granted in these matters the following tests must be satisfied:
- the Means Test
- the Availability of Funds Test, and
- Legal Aid NSW is satisfied the applicant for legal aid is a victim of domestic violence.
See Criminal Law Guideline 1.7 on applying the ADVO policy.
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.
4.4.2 Apprehended Domestic Violence Orders - Defendants
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:
- the Means Test
- the Availability of Funds Test, and
either
- Legal Aid NSW is satisfied that the applicant for legal aid is a victim of domestic violence, or
- there are exceptional circumstances.
Note: if the defendant has also been charged with a domestic violence offence see Local Court Policy 4.3.1 and Guideline 1.13.5 for exceptional circumstances test, which will be satisfied if the defendant is a victim of domestic violence.
4.4.3 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: 27/02/2019