If you have been issued a Domestic Violence Order (DVO) in Australia, you might wonder how long it stays on your record.
A DVO does not automatically appear on a standard police check; however, the specifics depend on your circumstances and the state or territory you live in.
Importantly, the DVO will remain on internal police records indefinitely, even after it expires.
Understanding a Domestic Violence Order (DVO)
A Domestic Violence Order (DVO) is a legal measure designed to protect individuals from abuse, harassment, or violence in domestic relationships.
It sets out specific conditions the respondent must follow, such as staying away from certain places or refraining from contacting the protected person.
Does a DVO Show Up on Police Checks?
In most cases, a DVO does not show up on a standard National Police Check. However, if the DVO is breached, it can lead to criminal charges, which will appear on your police record.
Some roles, particularly those requiring working with vulnerable people, may require a more comprehensive background check, where the existence of a DVO might be disclosed.
Key Takeaway: While a DVO may not show on a standard police check, breaches or certain roles could lead to disclosure.
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Duration of a DVO on Police Records
Even after a DVO expires, the record of its existence remains accessible to law enforcement. In most Australian states and territories, police maintain records of DVOs indefinitely.
This means that while the order itself may no longer be active, its history can still be referenced in future legal or police matters.
If the DVO has been breached, those breaches may result in criminal charges, which stay on your record according to the laws governing criminal convictions in your state or territory.
Key Takeaway: A DVO may expire, but its record remains accessible to authorities indefinitely.
How Long Does a DVO Last?
The active duration of a DVO is determined by the court issuing it. Most DVOs are in effect for 1–5 years, depending on the circumstances. In some cases, orders may be extended if the protected person feels they are still at risk.
Conversely, if circumstances change, an application can be made to amend or revoke the order.
Key Takeaway: The length of time a DVO remains active varies, typically lasting between 1–5 years, but records of it persist.
Can a DVO Be Removed From Your Record?
You cannot erase the existence of a DVO from police records, as it forms part of an internal history.
However, if the DVO was issued mistakenly or circumstances have changed significantly, you may apply to the court to have the DVO dismissed or revoked.
Keep in mind that this does not erase its past issuance from police databases.
Key Takeaway: While a DVO cannot be erased from police records, it is possible to have an order revoked under the right circumstances.
The Impact of a DVO on Your Life
A DVO can have various impacts on your daily life. While it does not constitute a criminal record, it may restrict certain activities, particularly if you breach its conditions.
Moreover, if you apply for specific licences, visas, or roles, disclosure of the DVO may be required.
For example, some visas or professional licences may involve questions about any past legal issues or orders.
While not always a barrier, the existence of a DVO may require you to provide further information or documentation.
Key Takeaway: A DVO may influence certain aspects of your life, particularly if breaches lead to criminal charges.
What Should You Do If You Have a DVO?
If a DVO has been issued against you, it’s important to follow its terms strictly.
Non-compliance can lead to criminal charges, which will have longer-lasting effects than the DVO itself. If you feel the order was unjustly issued, consider seeking legal advice to explore your options for challenging or amending it.
Key Takeaway: Compliance with a DVO is important to avoid further complications. Seek legal advice if you believe the order is unfair.
While the active period of a Domestic Violence Order varies, its record remains indefinitely accessible to family law enforcement.
Understanding the implications of a DVO and adhering to its conditions can help minimise its impact on your life.
If you have questions about your specific situation, consulting a legal professional can provide tailored guidance.
