Is an AVO a Criminal Record: A Closer Look
Is an AVO a criminal record? The defendant's Final AVO will be recorded on their criminal history but not their criminal record, and will not appear on a criminal records check.
A violation of the AVO or contravening an AVO will, however, result in the defendant committing the offence and having their record updated.
According to section 14 of the Crimes Act 2007, violating an apprehended violence order is criminal.
If charged, the defendant is liable for imprisonment, a penalty, and having the offence recorded on their criminal record.
Is an AVO a Criminal Record, and What Does a Police Check Show?
AVO is only part of the criminal history but not the record.
It will only be part of the defendant's criminal record if the order is breached.
The results of police checks provide information about an individual's character, legal history, and suitability for a particular purpose.
All releasable court results for each individual are included in this document.
In a police check, convictions of the following types are revealed:
- Charges of misconduct within corporations
- Sexually related offences
- Convictions for traffic violations
- Sentences and convictions
- Pending criminal charges and violations
However, since an AVO order is not a criminal offence, it is not part of the releasable court documents. Yet, it may be disclosed as part of other "offences."
Does Having an AVO Mean Having a "Failed" Police Check?
In some instances, having an AVO in your history can also mean a "failed" police check.
Certain offences in your criminal history check may cause an organization to reject your application.
You may have fewer employment opportunities, especially jobs wherein you have to deal with children if you have a final AVO in your data.
It may also prevent you from traveling for a certain period or to certain areas.
You may not be able to obtain a firearms license or enter certain places because of it.
What Are the Effects of Breaching an AVO?
Violations of an AVO are taken very seriously and may result in severe penalties. In the event that a court determines that you have breached an AVO made against you, the issue will become a permanent part of your criminal record. Additionally, you can receive the following court decisions:
- Two years in prison
- Up to $5,500.00 in fines
- Bonds or other penalties for good behavior
What Offences Will Make an AVO Part of a Defendant's Criminal Record?
Upon conviction of contravening an AVO, the court must send you to prison and put the offence on your criminal record if the act constituting the contravention was an act of violence.
However, this won't apply if you were under 18 during the act.
Even attempting to commit an offence that would constitute a contravention of an AVO amounts to an offence of contravening an AVO.
'Serious offences' are defined by the Crimes (Domestic and Personal Violence) Act. Including:
- attempted murder
- offenses related to domestic violence
- an act of stalking or intimidation intended to cause fear of physical or mental harm
- an act of grievous bodily harm or wounding
- intentionally inflicting severe bodily injury on another person
- sexual assault
- aggravated sexual assault
- an aggravated sexual assault in the workplace
- the act of assaulting another with the intention of sexual contact
- touching sexually
- aggravated sexual touching
- under 10 years of age - sexual intercourse
- assaulting a child under the age of ten with the intent to have sexual contact with them
- having sexual relations with a child between the ages of 10 and 16
- under 10 years old - sexual touching
- touching a child between 10 and 16 years old for sexual purposes
- abuse of a child for a long period of time
- offenses involving sexuality and cognitive impairment
Conclusion
Is an AVO a criminal record? The defendant's Final AVO will be recorded on their criminal history but not their criminal record, and will not appear on a criminal records check.
A violation of the AVO or contravening an AVO will, however, result in the defendant committing the offence and having their record updated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
