• 08 Mar 2021

Criminal Lawyer, David Mewett's success on defending ADVO

David Mewett, a leading criminal lawyer at Acorn Lawyers successfully defended a client facing an interim order for an Apprehended Domestic Violence Order (ADVO) at Port Kembla Local Court.

NSW Police Prosecutor sought the Court make an Interim Order for an ADVO against an Acorn lawyers' client which was vigorously opposed by Mr Mewett. Based on the evidence and Mr Mewitt's initial submissions, NSW Police Prosecutor later withdrew their request for an Interim Order and the matter was adjourned for a Defended Hearing.

Mr Mewett said afterwards, "On the first court date after an application for an ADVO is made, the Court can make an interim ADVO. In our client's circumstances, where the Police had not sought a Provisional Order, our client was not charged with a criminal offence, and there was no history of violence, the Court could not find that it was reasonably necessary or appropriate to make the Interim Orders."

Mr Mewett added, "In my opinion, Police made the correct decision on the day and avoided a possible costs application for the recovery of our client's legal costs, where our client was successful in the Interim Hearing."

Mr Ash Agarwal, the Managing Director of Acorn Lawyers said, "David puts forward every argument and is fearless in asking every question under the circumstances, to advance his client's criminal matter. Being a former Police Prosecutor himself, he understands the intricacies of such matters very well."

Mr Mewett makes the following observations in relation to ADVO's: -

• A Defendant to an ADVO should seek legal advice prior to the first court date.
• Remember, an ADVO is a civil order but breach of one is a crime.
• Having an ADVO against you may affect your ability to work with children.
• An ADVO can be taken into consideration in your Family Law Matters, where you are seeking Parenting Orders.
• An ADVO is not listed on your criminal record, but if you plead guilty or if you are found guilty of a Domestic Violence Offence, this will be recorded on your Criminal record as a Domestic Violence Offence.
• Your solicitor should be experienced in negotiating the terms of an ADVO you agree to.
• Your solicitor should also be experienced in writing to the NSW Police to withdraw an ADVO, and/or providing you advice on the merits of defending the ADVO.

David Mewett can be contacted at our Wollongong Office on (02) 4226 5711 for an initial appointment regarding your ADVO matter.