The NSW Police Force have initiated a policy of knocking on the doors of victims and/or personed named in the apprehended domestic/personal violence orders (AVO), checking on the safety of victims and their families, inquiring if AVO’s are being complied with and ensuring no breaches are occurring.
While traditionally these checks were utilised for high risk cases, the NSW Police Force has extended this to widespread use
and run several operations targeting AVO compliance.
What is a Police Compliance Check?
Essentially the compliance check involves the police attending your place of residence and having a chat.
The police may ask to come into the premises to check for the person named in the order is not at the premises in breach of the order.
There have also been cases where police have requested to see a persons phone to check for contact between the parties if the apprehended violence order prevents it.
Do I have to agree to the AVO compliance check?
In short No, the police have a common law right to knock on the door of any premises, that is unless that right is withdrawn.
You do not have to allow any person including police entry into your home you also do not have to consent to giving the police your phone or personal items.
You should reply with all legal requests and always be polite to the officers.
What happens if the Police find me breaching the AVO during a compliance check?
If the Police become aware of any breaches of the order or are witness to a breach of the order and charged with contravene apprehended violence order.
The maximum penalties for contravene apprehended violence orders are two years imprisonment and/or a fine of 50 penalty units.
More information on AVOs, Contravene Apprehended Violence Orders & Defending an AVO.