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Does An AVO Stop You From Travelling?

Does An AVO Stop You From Travelling

An AVO does not typically prevent someone from travelling within Australia or overseas.

However, there are certain situations where the conditions of the AVO could impact travel plans:

  1. Specific conditions in the AVO: If the court imposes conditions in the AVO that restrict your movements or require you to remain within a particular area, you must abide by them. A violation of the AVO could result in legal consequences.
  2. Ongoing court proceedings: You may be required to attend court dates or meetings with legal counsel if you are involved in ongoing court proceedings related to the AVO. These obligations may prevent you from travelling.

Travelling Overseas with AVO

If you intend to travel internationally, it is important to understand how an AVO may affect visa or immigration processes.

Some countries may require you to disclose any active court orders and this may influencing their decision to grant entry.

It is essential to investigate the specific requirements of the country you intend to visit and to be prepared any information or documentation that may be required.

Tips for Traveling with an AVO

If you have an AVO and plan to travel, consider the following advice to ensure a trouble-free trip: 

  1. Consult a legal professional: Consult with a lawyer or legal advisor to ensure that you comprehend the terms of your AVO and how they may affect your travel arrangements.
  2. Plan around court dates: If you have impending court appearances or legal obligations, plan your travel accordingly to avoid scheduling conflicts.
  3. Research visa requirements: Investigate the entry requirements for your destination country and be prepared to disclose information about your AVO if necessary.
  4. Stay compliant: While travelling, ensure you continue to comply with the conditions of your AVO, as failure to do so could result in legal consequences.

Travelling Overseas with AVO Breach

A breach of an AVO (Apprehended Violence Order) may restrict your ability to travel within and outside of Australia.

If you are found to have violated the terms of the AVO, you may face legal consequences that could affect your travel plans.

If you violate the conditions of your AVO, you may face the following consequences: 

  • Criminal charges: A violation of an AVO may result in criminal charges. If you have pending criminal charges or a criminal conviction on your record, you may find it challenging to obtain a visa, pass through immigration, or access certain countries.
  • Bail conditions: If you are charged with violating an AVO and released on parole, you may be subject to conditions limiting your movements or requiring you to remain within a certain area. In such instances, travel may be restricted or prohibited.
  • Passport restrictions: In certain instances, having pending criminal charges or being convicted of a crime for violating an AVO may result in passport restrictions or limitations on the ability to obtain a passport.
  • Visa and entry requirements: Each country has its own policies and conditions. Some countries may deny entry to individuals with pending criminal offences or certain convictions, including those related to AVO violations. It is essential to investigate the specific requirements of the country you intend to visit and prepared any information or documentation that may be required.

Also read: Bail for Assault Charge in Australia You Should Know

Can Breaching an AVO Affect My Application For a Passport In Australia?

A breach of an AVO does not disqualify an applicant for a passport. The effect of the violation on your application will depend on the consequences and any additional conditions imposed by the court.

If charges are brought against you for violating the AVO, you may be unable to obtain a passport.

The Australian Passport Office may consider the nature of the charges, the stage of the legal process, and any concerns regarding your ability to flee the country while facing criminal charges.

If a court restricts your ability to travel due to violating the AVO, you may be unable to obtain a passport until the restrictions are withdrawn.

Depending on the specific circumstances surrounding the AVO violation, other factors, such as outstanding child support obligations or national security concerns, may affect your application.

Conclusion

Question: Does an AVO stop you from travelling? 

Answer: An AVO does not typically prevent someone from travelling within Australia or internationally.

However, there are certain scenarios where the conditions of the AVO could impact travel plans:

  1. Specific conditions in the AVO: If the court imposes conditions in the AVO that restrict your movements or require you to remain within a certain area, you must abide by them. A violation of the AVO could result in legal consequences.
  2. Ongoing court proceedings: You may be required to attend court dates or meetings with legal counsel if you are involved in ongoing court proceedings related to the AVO. These obligations may prevent you from travelling.

Need Advice as You Travel With an AVO?

At Justice Family Lawyers, we understand the complexity of AVOs and ADVOs, and we are committed to providing our clients with the highest quality legal advice and representation. 

Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.

6 thoughts on “Does An AVO Stop You From Travelling?”

  1. Hi I’m not sure if you can help me . If someone has IVO on them and not Australian citizen but permanent residence .
    Can they go overseas then enter Australia again ?
    Can you give me free advice ? If not don’t worry about it

    1. Hi Emma. Unless there is a specific provision on the IVO, you are still able to travel with an IVO. You will need to declare it if required when you re enter australia.

    1. Whether or not you can travel internationally with an AVO and an ongoing court matter may be influenced by several factors. These include any travel restrictions specified in the AVO itself and bail conditions if you’re facing criminal charges. Additionally, you might be required to inform the court or relevant authority about your travel plans. Due to the legal complexities and the risk of non-compliance consequences, consulting with a legal professional before making any travel arrangements is strongly recommended.

  2. Hey my partner is looking to travel for the first time and has had 3 historical AVO’s 7+ years ago 2 from either parent charged for a breach once receiving a fine and 168 hours community service is this an issue when travelling?

    1. Your partner’s past AVOs and breaches might cause problems when traveling, depending on the entry requirements of the destination country. It’s advisable to check the visa and entry requirements for the country you plan to visit and consult with an immigration lawyer if there are any concerns.

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