AVOs and their consequences

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January 26, 2013 by Todd

Apprehended violence orders (‘AVOs’) can have important legal consequences.  Often, defendants in these matters agree to them to avoid the cost and stress of defending the AVO without thinking about what that means.  It is often not until ‘the chickens come home to roost’ when the consequences become known.  By then, it can already be too late.  The cost to you can be more than the cost of defending the AVO in the first place.

Some of the consequences may include:

a) You cannot do the things outlined in the AVO.

b) If you breach the AVO, you face a maximum penalty of 2 years imprisonment and a $5,500 fine.

c) If you need a Working With Children Clearance for your job, an AVO protecting a child from you can affect your ongoing clearance to work with children.  New changes to the Working With Children Clearance broaden the circumstances in which clearance is needed, including to volunteer work.

d) If you have a firearms licence or permit, it will be automatically suspended on an interim AVO being made and automatically revoked on a final AVO being made.  If a final AVO is made, you will be unable to obtain a new firearms licence until 10 years after it was made (unless the AVO is revoked).  If your licence or permit is suspended or revoked, you must surrender your firearms to the police.  The police can also seize your firearms.

e) If you rent your home with someone and they obtain a final AVO against you which prevents you from going to your home, your tenancy will be terminated.  You will need to find somewhere else to live.

f) If you have children with the person protected by the AVO (‘the PINOP’), an AVO can affect your ability to spend time with your children (particularly if the children are also named as PINOPs).

g) If you remain living with or near the PINOP, you can put yourself at risk of breaching the AVO.

Make sure that you don’t agree to something you later regret.  Let our knowledge be your edge.  Contact us now.


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