If a defendant obtains a Final AVO or ADVO, the AVO will appear in their criminal history and will not be documented as a criminal record.
It also won’t appear when a criminal record check is done.
A violation of the AVO or contravening an AVO will, however, result in the defendant committing the offence and having their criminal record updated.
A criminal record is a written record of a person’s prior convictions for criminal offences.
This lists all criminal offences for which the defendant pleaded guilty, was found guilty, or was convicted by a magistrate.
This differs from a criminal history, which details every offence for which you have been prosecuted.
A criminal history is a record kept by the Police, with details of all offences you have been to court for.
Included in a criminal history are offences for which you received a section 10 dismissal, were found not guilty, or for which charges were dropped.
Some companies may not accept your job application due to prior offences listed in your history. Certain offences in your criminal history check may cause an organization to reject your application. An AVO being part of your criminal history could potentially limit job prospects, especially in roles that involve interactions with children.
Police Check Content
The results of police checks provide information about an individual’s character, legal history, and suitability for a particular purpose.
Since police checks are a national document, it doesn’t matter much where the person got the report.
Even for some AVO or intervention orders, the terms may still be in effect outside of the state.
Disclosable Court Outcomes (DCOs) AVO Inclusion
In New South Wales (NSW), Australia, Disclosable Court Outcomes (DCOs) refer to certain types of criminal convictions and findings that are required to be disclosed in various situations.
However, AVOs are not included in the Disclosable Court Outcomes. AVOs will only be part of your criminal history but not your criminal record.
When you request a police record check, there are two possible outcomes for your certificate:
- Disclosable Court Outcomes (DCOs)
- No Disclosable Court Outcomes (NDCOs)
When your police check reveals Disclosable Court Outcomes (DCOs), it indicates that the state’s laws permit releasing information regarding your convictions.
All convictions, pending charges, and court-ordered convictions for criminal offences will appear on a police check certificate. The (DCO) is a recorded history of a person’s Police and Criminal records.
Disclosable Court Outcomes on a Police Check
- Charges for harassment in the workplace
- Sexually related crimes
- People who are found guilty of traffic charges
- Sentences and Convictions
- Charges and crimes that are still in court
Applicants whose police checks return with NDCOs have completed a Nationally Coordinated Criminal History Check. It indicates that the individual has no Police/conviction history considered “serious” or “releasable” or no convictions at all.
Assistance We Offer
At Justice Family Lawyers, we understand your situation as an AVO defendant, and we are committed to providing our clients with the highest quality legal advice and representation.
Speak to our AVO lawyers today about representation for your AVO.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.