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If a Final Apprehended Violence Order (AVO) is made, you are not given a criminal record.
However if you breach the AVO, it is a criminal offence. For more information, see Consequences of breaching an AVO.
A record of the AVO is kept on a police database.
An AVO will not automatically stop you seeing your children, even if
they are protected by the AVO. For more
information, see AVOs and Family Law. If you are concerned that having
an AVO will stop you seeing your children, you should get legal advice.
If the court makes a Final AVO, it may affect your:
If a Final AVO is made and you have any firearms you should immediately surrender the firearms to the police. In some cases the police may seize (take) any firearms found in your residence (even if they are not yours) as soon as a Provisional or Interim AVO is made.
If you have a firearms licence it will be automatically suspended if a Provisional or Interim AVO is made, and automatically cancelled if a Final AVO is made. You will only be able to apply for a new firearms licence 10 years after the date the Final AVO ends. You will need to show that you are a 'fit and proper person' to have a firearms licence.
You can apply to get your licence before the 10-year period expires only if the court has revoked the AVO. For more information, see
Extensions, revocations and variations.
If the application for an AVO is withdrawn, and any Provisional or Interim AVO is no longer in force, then your firearms licence will no longer be suspended.
An AVO may affect you if you have, or want to apply for, a security licence. If the licence is a Class 1F or P1F (a licence which allows you to carry a firearm), you may not be able to work under that licence, because your firearms licence will have been suspended or cancelled.
A security licence may also be cancelled, or an application for a security licence rejected, if an AVO is made against you and if the Commissioner of Police believes that you are not a 'fit and proper person' to hold a security licence.
If you breach an AVO and you are found guilty of that breach, your security licence may be cancelled, or your application for a security licence rejected, particularly if the breach involves assault, stalking or intimidation.
A person who works or volunteers in child-related work will need to apply to the Office of the Children's Guardian for a Working With Children Check. This involves a national criminal record check as well as other checks.
As a result of a Working With Children Check a person will be cleared to work with children for five years or barred from working with children. There is on-going monitoring for new records during the five years.
Usually having an AVO will not stop you being cleared to work with children, but it is possible in some cases that an AVO may be considered in a Working With Children Check. If you have an AVO and you work with children or plan to apply for child-related employment you should get further information from the website of the Office of the Children's Guardian. You should also get legal advice.