The NSW Police Force has implemented a policy of conducting compliance checks on victims and persons named in Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). These checks aim to ensure the safety of victims and their families. In addition, they verify that everyone is following the terms of the AVO.
Traditionally, police used these checks for high-risk cases. However, the NSW Police Force has extended their use to a widespread level. As a result, several operations now specifically target AVO compliance.
What is a Police Compliance Check?
A police compliance check typically involves the police visiting your residence and having a conversation to:
- Check on the safety of the victim and their family.
- Ensure that the AVO is being complied with.
What Happens During a Compliance Check?
- Knock on the Door: Police will knock on your door and identify themselves.
- Conversation: They may ask you some questions about your well-being. In addition, they may ask whether you have experienced any breaches of the AVO.
- Request to Enter: The police may ask to enter the premises to confirm that the person named in the order is not present, ensuring no breach of the order.
- Phone Check: In some cases, police may request to see a person’s phone to check for contact between the parties if the AVO prohibits such communication.
Do I have to agree to the AVO compliance check?
In short, no.
- Common Law Right: The police have a common law right to knock on the door of any premises, unless that right is explicitly withdrawn.
- Entry to Home: You don’t have to allow police or any other person to enter your home. Likewise, you don’t have to allow them access to your phone or other personal items.
- Legal Compliance: Always comply with legal requests and remain polite to the officers. However, know your rights regarding entry and personal property.
Your Rights During a Compliance Check
- Right to Refuse Entry: You have the right to refuse entry to your home if the police do not have a warrant.
- Right to Privacy: You are not obligated to hand over your phone or personal items unless the law specifically requires it.
- Right to Legal Advice: You can seek legal advice at any time if you are unsure about your rights or obligations during a compliance check.
Consequences of Breaching the AVO During a Compliance Check
If the police find you are breaching the AVO during a compliance check, several consequences may follow:
- Charge for Contravention: The Police may charge you with “contravene apprehended violence order” if they find you in breach of the AVO conditions.
- Legal Penalties: The maximum penalties for contravening an AVO are:
- Two years imprisonment
- A fine of up to 50 penalty units
Impact of Breach
- Criminal Record: A breach resulting in a conviction can lead to a criminal record. As a result, it may have long-term impacts on your employment and travel opportunities.
- Family Relations: Breaching an AVO can also strain family relationships, particularly if the order restricts contact with loved ones, including children.
Catron Simmons Lawyers can provide comprehensive legal advice and representation to assist you in navigating AVO compliance, understanding your rights, and defending against any allegations of contravening an AVO.
For more information or to seek legal advice, contact us for a consultation to discuss your situation and protect your rights.