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6 Situations in Which an AVO Will Affect Your Job and Life

will an AVO affect your job | Justice Family Lawyers

Will an AVO affect your job and overall life? Receiving one can bring about significant changes, affecting various facets such as mobility and employment.

From altering your everyday routines to influencing your professional endeavors, an AVO can introduce significant changes that extend beyond its immediate legal boundaries.

This article delves into the ways in which an AVO can impact different dimensions of your life, shedding light on the potential consequences and considerations that come with its issuance.

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

On Family Law Matters

AVOs can affect the relationship between parents and their children and parental time and visitation arrangements. The consequences of AVO can often intersect with family law.

If you have been served with an ADVO and your children reside with the protected person, you may be prohibited from seeing or contacting them. This can result in losing contact with them and have significant emotional consequences.

The defendant can be barred from seeing their children regardless of whether there are any allegations of violence against them.

When any interim or final parenting orders are being sought in the Federal Circuit and Family Court of Australia, having an AVO filed against you can affect the amount of time you spend with your children and the frequency you can communicate with them.

AVOs, even without solid proof or admission, can impact child custody. They aim to protect the PINOP but can affect shared children and cohabitants. Some lawyers advise against consenting to AVOs, often seen in custody battles. Judges recognize this in family court disputes, denying unsupervised access if a parent poses harm. While child safety is paramount, false claims for custody can also be a concern.

Also read: 10-Day Family Violence Leave

On Firearm Licence

AVOs can significantly affect a person’s ability to possess a firearms license.

In many jurisdictions, AVO recipients are prohibited from owning or possessing firearms. This is because an AVO is frequently issued to protect a person from violence, and gun ownership can increase the risk of violence.

For example, if you have had an AVO within the last 10 years, the court may prohibit you from obtaining a firearms license under ss11(5)(c) of the Firearms license. You may be required to surrender your firearms to the police if you have been served with an AVO and possess a valid firearms license.

In some instances, you can petition for an exemption, depending on the terms of the AVO and the applicable laws in your jurisdiction.

The consequences can be even harsher if you are charged with violating an AVO. A conviction for violating an AVO may result in the revocation of your firearms license and a future prohibition on gun ownership.

On Employment

AVOs may affect your job due to their potential consequences, which may include restrictions on certain roles, requirements for disclosure, or the impact of legal obligations.

AVOs typically do not appear on criminal background checks because they are not criminal convictions. However, it’s worth noting that AVOs are revealed in police checks for roles that entail interactions with minors, vulnerable populations, and law enforcement.

Nonetheless, if criminal charges, such as assault or harassment, were associated with the AVOs, any convictions resulting from those charges would probably be evident on a criminal background assessment.

Working With Children

A Working With Children Check is a type of background check that employers must do on volunteers and job applicants who will be working with children. 

Whether you can work in professions involving children if you have an AVO depends on the circumstances surrounding the AVO and the jurisdiction in which you seek employment.

An AVO does not inherently disqualify you from working with children but the employer will review their record and it may raise red flags during the required background or police checks.

Consider the following factors when applying for child-related employment with an AVO:

  • Nature of the AVO: Employers may raise red flags if the AVO involves domestic violence, harassment, or injury to a child or other vulnerable person.
  • Background Checks: Typically, jobs that involve working with minors require thorough background checks, which may include the disclosure of an AVO. Employers may consider the AVO when evaluating your suitability for a position, particularly if it relates to the safety of minors.
  • Working with Children Check: Certain jurisdictions mandate working with children check or clearance for individuals in child-related positions. Depending on the jurisdiction’s regulations and requirements, this check may include an AVO as part of the evaluation procedure.

Under certain conditions, holding an AVO while working with children might necessitate taking leave or pursuing different job opportunities. This situation could lead to a decrease in earnings, creating challenges in supporting both oneself and their family.

The implications become more severe if you face charges for breaching an AVO. Being convicted of AVO violation can not only lead to job loss but also impose a permanent prohibition from engaging in roles involving minors.

Working with Law Enforcement

A defendant may be affected by an AVO if they possess or wish to obtain a security licence. If the license is a Class 1F or P1F (which authorizes the bearer to carry a firearm), the holder may not be able to work because their firearms license has been suspended or revoked.

If an AVO is issued against the defendant and the Commissioner of Police believes that the defendant is not a “fit and proper person” to possess a security licence, a security licence may be revoked, or an application for a security licence may be denied.

Suppose a defendant violates an AVO and is found guilty of that violation. In that case, their security licence may be revoked, or a security licence application may be denied, especially if the offence involves assault, stalking, or intimidation.

On Criminal Records

If you breach an AVO, you may be charged with a crime and sentenced to prison. This can lead to a criminal record, which can have long-lasting consequences for your future. It can be challenging to find work for those with a criminal record.

Emotional Impact

In addition to the practical difficulties of complying with an AVO, there can also be a substantial emotional impact.

Being served with an AVO can be distressing. When you are faced with unjust AVO claims, it can make you feel as if you are being punished for something you did not commit.

Additionally, you may experience embarrassment or shame, mainly if others learn about the AVO. It is essential to seek assistance from friends, family, or a mental health professional if you are struggling with the emotional effects of an AVO.

Also read: How to Apply for a Recovery Order?

Restriction of Freedom of Movement

A common condition of an AVO is that you must avoid the protected person and their family. This may involve staying away from their residence, place of employment, or school.

You may also be prohibited from entering specific locations, such as their workplace, school, or neighbourhood.

This restriction on your freedom of movement can make it difficult for you to go about your daily activities and, if you cannot work, result in a loss of income.

Conclusion

An AVO, or an Apprehended Violence Order, can profoundly affect your life.

The conditions of the AVO can restrict your freedom of movement, limit your ability to contact the protected person, result in forced relocation, and have criminal and emotional consequences.

Having an AVO can also impact your ability to hold a firearms license, work with children, and impact family law matters.

It is essential to take an AVO seriously and comply with the conditions set out in the order. If you have been served with an AVO, seek legal advice to understand your rights and obligations as soon as possible. With the proper support, it is possible to manage the impact of an AVO and move forward with your life. 

Need Guidance On How to Drop an AVO?

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

6 thoughts on “6 Situations in Which an AVO Will Affect Your Job and Life”

    1. Hi Brad, the first thing to do when being served with an ADVO is to carefully read and understand the conditions of the ADVO to ensure you do not take any action which could breach the conditions. If the ADVO was served by the police, it typically means a temporary order is in place until a court can decide on a final order. The documentation you received should include details about a court date. It’s important that you attend this hearing, as the court will decide on whether it will be enforceable as a final order for a specified period of time or be dismissed. It is highly recommended to seek legal advice to understand your legal rights and obligations under these circumstances.

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