In Australia, the courts have the power to enforce an Apprehended Violence Order (AVO) to protect people who fear being subjected to violence. So, does an AVO leave a person with a criminal record? Let’s take a closer look at how AVOs work.
1. What is an AVO?
When a person is subjected to harm such as property damage, stalking, assault, intimidation, or attempts to instil fear, a victim of violence who is concerned for their own safety may apply to the court for an Apprehended Violence Order (AVO) for protection. Under the Domestic and Personal Violence Act 2007, the court can enforce an AVO to protect a person who fears being subjected to violence. In other words, an AVO imposes conditions on the defendant restricting their contact with the protected person.
Under the Domestic and Personal Violence Act 2007, if a person is charged with any of the following ” serious offences “, the court will make an order against the accused regardless of whether an AVO has been applied for.
- attempted murder
- domestic violence offence
- stalking or intimidation
- wounding or grievous bodily harm
- sexual assault
- sexual touching and other offences
2. Who Can Apply for an AVO?
Any person aged 16 or over who feels threatened or fears imminent violence can apply to the court for an AVO. A guardian or the police can also apply for an AVO on a person’s behalf.
3. How Long Can an AVO Last?
The order is governed by state legislation, and each state uses different terminology. For example, in New South Wales the order is called an AVO. In other states it is known as a restraining, intervention or domestic violence order. An AVO generally remains in force until the applicant is safe from harm. The duration can range from 12 months to indefinite, and can be adjusted or varied as conditions and circumstances change.
4. Does an AVO Leave a Criminal Record?
An AVO does not appear on a criminal record, because an AVO is a protective order and the matter is civil rather than criminal. Unless the relevant conditions are breached, no criminal charges will follow. Under Section 14 of the Crimes Act 2007, breaching an AVO is a criminal offence. If a person breaches an AVO and the court finds them guilty, that person will be charged with an offence, may be sentenced to imprisonment and fined, and the offence will be permanently recorded on their criminal record.
5. Does an AVO Leave a Criminal History?
If a Final Apprehended Violence Order (AVO) is made against the defendant, the AVO will be recorded on their criminal history, but it will not appear on their criminal record and will not show up in a criminal record check. However, as noted above, if the defendant breaches the AVO and is charged with that offence, then that offence will be recorded on their criminal record.
6. What Are the Consequences of an AVO?
If an AVO is made against a person, it will restrict their activities, can seriously affect their ability to retain or obtain employment in certain sectors, and can have a negative impact on family relationships. Specifically, an AVO can have adverse consequences for the defendant in the following areas:
1. Employment
The order may affect a person’s ability to obtain employment in certain work environments, such as any field involving children. Anyone charged with certain offences will be restricted from working with children.
2. Access To Children And Home
An AVO may affect a person’s ability to maintain contact with their children, depending on whether the children are listed as protected persons on the AVO. An AVO may also restrict a person’s access to the family home.
3. Firearms Licence
A person subject to an AVO is prohibited from holding a firearms licence in New South Wales for the duration of the AVO and for up to 10 years after it expires. This can seriously affect individuals whose work requires them to carry a firearm or hold a firearms licence. The individual’s licence will be automatically revoked, and they are required to immediately surrender any firearms and their licence to the police.
4. Security Licence
If the firearms licence is revoked, an AVO may also restrict a person from working under a security licence.
5. Travel
An AVO may restrict a person from leaving the state or territory in which the order was made, which can be detrimental to those whose work requires travel.
6. Personal Contact
An AVO may restrict a person from coming within a certain distance of the protected person’s workplace, home or school. If the person needs to retrieve personal belongings, they must apply to a senior police officer for a property recovery order.
7. Family Law Matters
The Family Court of Australia takes a person’s criminal history into account when determining parenting orders. Having an interim or final AVO can have a negative impact on the case.
Final Thoughts
In summary, an AVO will be recorded on the defendant’s criminal history, but not on their criminal record. However, if a person breaches an AVO and is charged with an offence, that offence will also be recorded on their criminal record. Everyone is equal before the law, and we remind everyone to abide by the law and not to harm the lawful rights and interests of others. If you are charged with breaching an AVO, it is advisable to speak with a lawyer as soon as possible.
