What Is The Impact Of Having An AVO: Behind AVO's Consequences
What is the impact of having an AVO? This must be one of the many questions you have in mind as you apply for an AVO against another person or if you are considering accepting one.
An Apprehended Violence Order (AVO) is a court order that can be applied if a person fears for their safety.
Harassment, intimidation, violence, sexual and physical assault, and different types of abuse are all covered by AVOs.
It doesn't matter whether the abusive behaviour was experienced inside the house with family members or with someone you're intimate with as the perpetrator.
The AVO is enacted to safeguard everyone at all places and times. That means you can file one against a co-worker harassing you. You can also apply for it against your supposed friend who bullies or threatens you.
The AVO is meant to stop all this violence, so you can live your life without fear and limits.
What Is The Impact Of Having An AVO on the Protected Person (PINOP)?
After the application for AVO, the PINOP may find themselves dealing with several things simultaneously.
Minimizing the aftermath of the application will help you as a PINOP to get back on your feet in no time, especially for domestic cases of abuse.
You may only get some things done at once since you're dealing with an emotionally draining situation. But here's a list of things you must settle to avoid future problems that may arise from the conflict.
Your Children's Welfare
You can include children in AVOs when they are implicated in incidents of domestic or family violence.
The courts or court officers are required to issue an AVO for children deemed in need of protection unless the defendant can justify the exclusion of the children.
Thinking about this head-on will help you protect your children if you believe the defendant can inflict harm on them.
Your Immigration Status
Suppose you are a domestic or family abuse victim on a temporary visa in Australia. In that case, you may be concerned about the impact of fleeing from your partner and obtaining an Apprehended Violence Order (AVO).
You may be concerned that leaving your partner could result in your permanent residency application being denied and you being compelled to return to your native country.
If you are a domestic or family violence victim, you may still be able to divorce your partner and obtain a permanent visa in certain circumstances. Speak to your migration agent about this.
The House You Rent Together With the Defendant
When there is an exclusion order in the conditions stipulated in the AVO, there are two scenarios that you must think about when dealing with a rental property with the person you filed an AVO against with:
- Staying in the rented house
- Leaving the rented house
Staying in the rented house
If the accused person is given a Provisional, Interim, or Final Apprehended Domestic Violence Order (ADVO) that includes an excluding order, you can change the house's locks immediately.
You don't have to get permission from your owner or give the offender a copy of the new keys.
If a Final ADVO with an exclusion order is made against the defendant, the defendant's name will be taken off the lease, and the lease will be given to you.
If the lease was solely in the offender's name, you could ask the NSW Civil and Administrative Tribunal (NCAT) to change it to your name instead.
Leaving the rented house
If you wish to vacate your rental property, you may deliver a Domestic Violence Termination Notice to your landlord and co-tenants.
The notice of termination has to contain the following:
- a termination date, which can be on the exact day as the notice or a later time,
- as well as evidence demonstrating that you are experiencing domestic violence.
Include the following as supporting evidence:
- proof of sentence for the defendant;
- a current Provisional, Interim, or Final AVO safeguarding you from the defendant;
- and a recently applied family law order protects you from domestic violence.
- a statement from a qualified individual confirming that you are an unfortunate victim of abuse in the home.
Eligibility for work leave incentive
Paid absence for family and domestic violence
Beginning on February 1, 2023, all non-small-business employees are entitled to 10 days of paid family and domestic violence leave per year. This includes part-time and temporary workers.
Employees must be victims of family and domestic violence to qualify for paid family and domestic violence leave.
The National Employment Standards (NES) provides the entitlement to paid family and domestic violence leave. It is a minimum leave entitlement, comparable to paid annual and paid sick and carer's leave.
Family and domestic violence absence without pay
Every employee of a small business employer is entitled to five unpaid days of family and domestic violence leave per year. This includes part-time and temporary workers.
The National Employment Standards (NES) grants the right to unpaid family and domestic violence leave. It's a minimal unpaid leave entitlement, like unpaid carer's leave.
Beginning on August 1 2023, small business employees are eligible for 10 days of paid family and domestic violence leave. They may continue to access unpaid family and domestic violence leave until then.
What Is The Impact Of Having An AVO on the Defendant?
If a Final Apprehended Violence Order (AVO) is issued against a defendant, the following may occur:
- Having issues with travel
- Having issues with employment
- Child Custody Battles and Parenting Rights Issues
- Barring the Acquisition of a firearms licence
- Security licence may be cancelled or denied
- Unqualified to work with children
- Unable to obtain certain security clearances for certain roles
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.
