Apprehensions of Violence Orders (AVOs) and routine police checks
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Many individuals who have previously been subject to an AVO or restriction order are typically perplexed about whether or not the results of their police check will reflect the presence of these orders. The fact of the matter is that it is dependant on the importance of the role or the events that took place during the AVO period.
You should avoid getting charged with any Apprehended Violence Order (AVO), and if you do, you should vigorously argue against it. However, even if you are found guilty of the charge, an AVO will not appear in your criminal records and will not be disclosed in a Nationally Coordinated Criminal History Check unless you violate the terms of an AVO.
What exactly is meant by the term "Apprehended Violence Order"?
An AVO order may be issued by the court in accordance with the Crimes (Domestic and Personal Violence) Act 2007 (in NSW) in order to protect the applicant if the court determines that the applicant has a reason to fear, apprehension, or imminent violence against them.
When a court decides to issue an AVO order against a defendant, that individual is legally obligated to comply with all of the order's conditions. In the event that the defendant disobeys the order or takes part in any activity that goes against it, they will be subject to severe penalties and will be charged with the offense.
Who is eligible to submit a request for an Apprehended Violence Order?
In spite of the fact that all of Australia's states and territories have adopted the AVO legislation, the law is typically known by a different moniker in each of the states and territories.
An AVO can be requested by anyone who feels their safety is in jeopardy from a group, political party, or action. The individual who needs protection can submit their application to the court or the police, depending on which option is more convenient for them.
The law authorizes the authorities of the Police Department to submit applications on behalf of people who require protection, particularly in instances where the requirements are particularly severe. In cases where the police believe it to be necessary, an application can also be submitted on behalf of a person without that person's consent.
In situations deemed to be "urgent," the police also have the authority to issue immediate Interim Intervention Orders.
The application for an AVO must be filled out in the presence of a representative, guardian, or parent for children younger than 14 years old. If a child is being abused or is in danger of being abused, they have the right to file an AVO application.
What are some other names for an AVO, and when would one be used?
- In common parlance and within the legal system of New South Wales (NSW), this type of order is referred to as an Apprehended Violence Order (AVO).
- An intervention order is what it's called in the Australian states of Victoria and South Australia.
- In the state of Queensland, this kind of order is referred to as a Domestic Violence Protection order.
- It is known as a Restraining Order in the state of Western Australia.
- Family Violence Order is the name given to this legal document in Tasmania.
- This type of order is referred to as a Domestic Violence Order in both the Northern Territory and the Australian Capital Territory.
In what circumstances does the court have the authority to issue an AVO order?
Because the "accusation" is based on potential actions or apprehensions, an AVO order may not appear on a police check. This is one of the reasons why this may be the case. It indicates that the crime has not been carried out at this time, but there is a possibility that the defendant will carry out the crime.
According to sections 17 and 20 of the Act, the court will issue an AVO order to a party if either of the following conditions are met:
- The judge comes to the conclusion that the person does, in fact, fear what they are being accused of;
- The commission of a personal violence offense against the person by the other person.
- The participation of the other person in activities in which the other participant:
- Creates fear in the individual,
- Follows the person around,
- If the person who was reported continues to engage in behavior that the court believes should necessitate an AVO, then the AVO will be issued.
What does a check with the police reveal?
The outcome of a police check is a record of an individual's moral makeup and legal past, which is typically tailored to serve a specific function. It provides information regarding all of the releasable court outcomes (DCOs) that pertain to the individual in accordance with state laws.
Because police checks are a document that is valid across the country, it is of little consequence where an individual obtained the document. Even for some AVO or Intervention orders, the terms of the order may continue to be enforceable even when the subject is located outside of the state.
When a person undergoes a police check, the following categories of convictions are revealed:
- Allegations of wrongdoing within businesses and other organizations
- Crimes connected to sexual activity
- Charges related to traffic violations for which a person is found guilty
- Convictions and Criminal Sentences
- Pending charges and offenses before the court
On the other hand, given that a violation of an AVO order is not considered a crime, it will not be included in the DCO. On the other hand, it is possible that it will be disclosed as part of the "offenses" for other types of Nationally Coordinated Criminal History Checks.
Is it possible for a violation of an AVO order to be considered a crime?
When a person who requires protection makes an application to the court, the following occurs:
- Send a summons to the person who is being accused of the crime.
- Determine the time and place of the hearing.
- Take into account any and all evidence regarding the allegation in accordance with Australian law.
However, if the defendant does not show up in court, the judge will proceed with the hearing and issue the order without them. In addition, the defendant will be in violation of the agreement if they violate any of the conditions in any way.
It is a criminal offense if the court finds that you violated an AVO order and finds you guilty of doing so. The punishments can range from a simple warning to terms of imprisonment and fines.
Do the restrictions that come with an AVO order mirror those that come with a "failed" police check result?
If a criminal history check reveals that you have been convicted of certain offenses in the past, some companies may decide not to give you the position for which you have applied. If you suffer from certain conditions, your options for gainful employment may be severely restricted.
Additionally, it may prevent you from traveling for a specific amount of time or to particular areas.
It may prevent you from obtaining a license to carry a firearm or from entering certain locations.
When an AVO order is issued against you, you are subject to similar restrictions. It's possible that you won't be able to, given the circumstances and the restrictions that the judge ordered you to follow.
- Under the terms of section 11(5)(c) of the Firearms license, the court has the authority to prevent you from obtaining a license to own firearms if you have been issued an AVO in the past ten years.
- It is not possible for you to obtain a security license. It is governed by Section 18 of the Security Industry Regulations Act of 2007, and it applies in cases where an individual has been found guilty of stalking or intimidating another person.
- You might not be allowed to leave the area or state where the AVO order was issued if it was issued against you.
- If the court decides to assign you a parole officer, you will be required to check in with them at predetermined intervals.
How long does it take for an AVO Order to expire?
Depending on the laws of the state, the duration of the order could range anywhere from one year to the rest of the applicant's life (or until the court determines that the applicant is no longer a threat).
However, if certain conditions change in a way that makes it impossible for them to fulfill their obligations, the applicant may submit a request to have their conditions adjusted or altered.
In a similar vein, the outcome of a police check is valid from the moment it is issued until such time as it is no longer required. Due to the fact that it is a check based on a single moment in time, however, the majority of organizations will not accept checks that are more than three months old.
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