Breach AVO or Contravene AVO

Our breach AVO lawyers deal with contravene AVO cases on a daily basis. As such we are well-versed in how seriously the courts take breaching an AVO. It is important that you speak to a breach AVO lawyer for breach AVO charges urgently to put yourself in the best position going forward.

Our Law Society accredited specialist criminal lawyer can provide you with urgent and immediate advice. Contact us now to see how we can help you.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is contravene AVO or breach AVO?

  Contravene AVO or Breach AVO is an offence set out in Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

  How to Beat a Breach AVO Charge?

  In order for you to be found guilty, the prosecution must prove the following elements of a beyond reasonable doubt:

  1. One or more of the AVO conditions were breached;
  2. You intended to breach those conditions

  What is contravene prohibition/restriction in an AVO?

  Contravene prohibition/restriction in an AVO is when a person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person.

  Defences to Contravene AVO or Breach AVO

  The following defences to contravene AVO may apply to your case:

  1. Self defence: Your actions were to defend yourself or another person and those actions were reasonable in the circumstances.
  2. Intent: The prosecution cannot prove you intended to breach the AVO
  3. Duress: You were forced to breach the AVO
  4. Necessity: Your actions were necessary in the circumstances

  Contact us now to speak to one of our specialist AVO lawyers. We have years of experience in defending contravene AVO charges, particularly in a domestic violence context.

• PLEADING GUILTY

  See our guide for some general advice on what can be done to prepare for your sentencing for a breach AVO offence. Be mindful that this is only a general guide. Due to the seriousness of the charge, it is strongly suggested that you engage a senior criminal lawyer to represent you in Court.

  Contact us now to speak to our team today.

  What is the penalty for contravene AVO or Breach AVO?

  The maximum penalty for contravene AVO is 2 years prison and/or a fine of $5,500.

  However, what is more significant is that the Court is bound to impose a jail sentence where the AVO conditions are breached by an offence of violence against the “person in need of protection”. That is why it is crucial that you obtain advice from a specialist domestic violence lawyer who can guide you through the process.

  Contact us now to speak to our team of senior criminal lawyers.

  Sentencing for Contravene AVO or Breach AVO

  The following are possible outcomes in sentencing for a breach AVO offence:

  • Section 10 dismissal
  • Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Home Detention Order (no longer used in NSW)
  • Full Time Imprisonment

  Can you go to jail for a contravene AVO or Breach AVO offence?

  Yes, you can go to jail for breach AVO or contravene AVO.

  Statistics for breach AVO offences reveal the range of likely sentences you may receive. Analysing 2,351 sentencing cases in the Local Court from the last 5 years, less than 10% of people received no conviction for breach AVO. The remaining offenders all received convictions and almost 15% of offenders were sentenced to full-time imprisonment. ADVO breaches in NSW are taken very seriously by the courts.

  The likelihood of jail increases with multiple AVO breaches. However, there may be a minor breach of an AVO if a person merely responds to a message from a PINOP where there is a no contact condition.

  More people are sentenced to jail than receive Section 10 dismissals. This can be explained by looking at Section 14(4) of the Act, which sets out that a person who is convicted of breaching an AVO must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence. This is unique to breach AVO NSW legislation.

  That is why it is important that you speak to one of our highly experienced criminal defence lawyers for contravene AVO charges to obtain the best possible outcome.

  Accidental breach AVO offence?

  Often, a person may accidentally breach an AVO. A common example of this is when you end up in the same public place as the protected person.

  If there is no evidence that you have deliberately attended that location to approach or contact the protected person, then you cannot be guilty of breaching the AVO.

  This is because a defendant cannot be convicted for breaching an AVO unless they knowingly breach the AVO conditions.

  You should also be aware that Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 provides that a protected person cannot be found guilty of aiding, abetting, counselling, or procuring a person to breach an AVO.

FAQ

Can a victim breach an AVO?

An alleged victim cannot technically breach an AVO.

However, there are countless examples of alleged victims making defendants breach AVOs.

The most common example of this is when there is a ‘no contact’ order between the parties and the alleged victim sends a text message or phones the Defendant. If the defendant replies to the text message in any way, they will have breached the order. This includes a message telling the alleged victim to stop texting.

Likewise, if the Defendant answers the phone and realises that they are speaking to the alleged victim, they must hang up immediately. If they do not, they will have breached the AVO.