Can You Live with Someone Who Has an AVO? A Comprehensive Overview
Can you live with someone who has an AVO?
The defendant does not necessarily have to leave the house after an AVO is filed against them.
However, in order to protect the PINOP, a court may impose Additional Orders on the defendant it deems 'necessary or desirable.'
Additional orders include that a defendant can't live with the protected person or at a place written in the order.
These are part of the AVO conditions.
A court can make this order regardless of whether the defendant owns the marital home or they are the signee on a lease contract.
Aside from Residence, What Are the Additional Orders Regarding Location That the Protected Person Can Request?
According to the Crimes (Domestic and Personal Violence) Act 2007 No 80, additional Orders include rules about contacting the PINOP, parenting and family law, possession of weapons, and the locations the defendant cannot go to.
What locations can be part of the PINOP's Additional Orders?
There are certain areas a defendant must not go to:
- Places where the protected person lives or works
- Their workplace, etc.
- Any site listed in the additional order.
It means you are prohibited from visiting the protected person's home, workplace, or any other address specified in the additional order.
A specified distance must be avoided:
- Wherever the protected person resides, or
- A place where they work, or
- Any of the locations listed in the additional order.
In other words, you must stay a certain distance from the protected person's home, work, or other specified address.
Also, it is unlawful for the defendant to approach a school, childcare facility, or another place where the protected person may attend occasionally.
Within 12 hours of consuming intoxicating liquor or illegal drugs, the defendant cannot approach the protected person(s) or any such premises or places where the protected person occasionally resides or works.
Can You Live with Someone Who Has an AVO and What Happens If the Defendant Accidentally Breached the Additional Order?
What happens if the defendant accidentally goes to the exact location where the PINOP is?
The police can charge the defendant with contravening an AVO if the defendant accidentally breaches the AVO.
However, there is one requirement: a defendant must be aware that they are breaching the AVO to be found guilty.
Let's say, inside a building, a defendant is unaware that the PINOP is also in there; they can't be charged with contravening an AVO because it happened accidentally.
But, if in the event the police find proof that the defendant elaborately planned to go to the same place where the PINOP is and deliberately concealed it as "a mere accident", then they can be charged with contravening an AVO.
Can You Live with Someone Who Has an AVO and What Happens When the PINOP and Defendant Get Back Together?
Even if the PINOP gets back together with the defendant or initiates contact with them, they may still violate the AVO.
Always remember that an AVO does not automatically vary even when the circumstances of the defendant and the PINOP change.
Either the defendant or the PINOP still has to apply for the AVO's varying or revocation to avoid breaching it.
Conclusion
The defendant does not necessarily have to leave the house after an AVO is filed against them.
However, in order to protect the PINOP, a court may impose Additional Orders on the defendant it deems 'necessary or desirable.'
Additional orders include that a defendant can't live with the protected person or at a place written in the order.
A court can make this order regardless of whether the defendant owns the marital home or they are the signee on a lease contract.
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.
