Will I have a criminal record?

If the Court makes the AVO you will not get a criminal record.

However, if you breach the AVO you may be charged with a criminal offence. The maximum penalty for breaching an order is a fine of $5,500 and/or 2 years imprisonment. Unless the court orders otherwise, a person who is convicted of breaching an AVO must be sentenced to prison if the breach involved an act of violence.

Although you will not get a criminal record, there are consequences of having an AVO against you. They include:

  • You must surrender any firearms you may have to the police. Any firearm licenses or permits you have will be automatically suspended
  • You will not be allowed to apply for another firearms license for a period of 10 years
  • A record of the AVO against you will be kept on file in the police database
  • You may not be able work in certain professions such as security offer, police officer, child care worker, teacher etc.
  • If the AVO includes children the Office of the Children’s Guardian, and/or Family and Community Services may be notified

If you have been charged with an offence, or are seeking further information on AVOs or matters, call North Shore Criminal Law on (02) 9955 2298 or our 24 hour Emergency Service on 0400 44 64 24 for expert legal advice from an Accredited Criminal Law Specialist.