Two categories of AVOs exist: Apprehended Domestic Violence Orders, for domestic-relationships, and Apprehended Personal Violence Orders, for non-familiar and non-domestic relationships. Whilst the majority of ADVOs and APVOs work effectively, there are a number of aspects that necessitate reform. (Legalaid.nsw.gov.au, 2015) The most obvious example of this need for reform is the case of Rosie and Luke Batty, when an ADVO failed to protect the mother and son, leading to the death of a child. A more recent example is that of mother of three, Tara Costigan, who had “sought court protection from her ex-partner just one day before he allegedly killed her and attacked two other people...” (Knaus, 2015) Although equality and the opportunity for appeals and reviews continue to work effectively, it is the accessibility and enforceability that needs to be revaluated. Similar to issues of accessibility with international law, it is a lack of education on the legal system resulting in victims of violence being unaware of these legal-mechanisms. Perhaps most importantly is the lack of effective enforceability associated with ADVOs and APVOs due largely to limited police resources and the complex nature of the order; police cannot act unless the order is breached, by which time they may be unable to assist in the protection of a
Two categories of AVOs exist: Apprehended Domestic Violence Orders, for domestic-relationships, and Apprehended Personal Violence Orders, for non-familiar and non-domestic relationships. Whilst the majority of ADVOs and APVOs work effectively, there are a number of aspects that necessitate reform. (Legalaid.nsw.gov.au, 2015) The most obvious example of this need for reform is the case of Rosie and Luke Batty, when an ADVO failed to protect the mother and son, leading to the death of a child. A more recent example is that of mother of three, Tara Costigan, who had “sought court protection from her ex-partner just one day before he allegedly killed her and attacked two other people...” (Knaus, 2015) Although equality and the opportunity for appeals and reviews continue to work effectively, it is the accessibility and enforceability that needs to be revaluated. Similar to issues of accessibility with international law, it is a lack of education on the legal system resulting in victims of violence being unaware of these legal-mechanisms. Perhaps most importantly is the lack of effective enforceability associated with ADVOs and APVOs due largely to limited police resources and the complex nature of the order; police cannot act unless the order is breached, by which time they may be unable to assist in the protection of a