An apprehended violence order, or AVO, is a court order that places restrictions on a defendant to protect another person. An AVO itself does not ordinarily create a criminal conviction. Breaching one can.
Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), knowingly contravening a prohibition or restriction in an AVO is a criminal offence. Police may arrest and charge the defendant, and additional charges can be laid if the same conduct also amounts to another offence.
What Counts as Breaching an AVO in NSW?
The answer depends on the exact conditions in the order. AVOs are not identical. One may prohibit all contact, while another may allow limited contact for children, lawyers or another specified purpose.
A breach can include contacting a protected person when contact is prohibited, going to an excluded home or workplace, approaching within a prohibited distance, threatening or intimidating the protected person, or damaging property where that conduct contravenes the order.
The prosecution must establish that the defendant knowingly contravened a prohibition or restriction. The wording of the AVO, the defendant’s knowledge of it and the evidence about what occurred are therefore central to the allegation.
What Happens After an Alleged AVO Breach?
A reported breach can be investigated by NSW Police. Police may review messages, call records, photographs, CCTV or witness accounts, and may question or arrest the defendant.
If charges are laid, the defendant may receive a Court Attendance Notice and be required to appear in court. Depending on the allegations and any connected charges, bail may also become an issue.
The same incident can produce separate criminal charges. Conduct alleged to breach an AVO may also lead to an assault, intimidation or property damage charge. Each charge must be considered against its own legal elements and evidence. Anyone facing this situation should obtain criminal law advice in NSW before making decisions about a plea or responding to disputed allegations.
What Are the Penalties for Breaching an AVO?
For the standard offence of knowingly contravening an AVO, the maximum penalty is two years’ imprisonment, 50 penalty units, or both.
NSW law also contains more serious offences for certain breaches of an apprehended domestic violence order, or ADVO. Knowingly breaching an ADVO with the intention of causing physical or mental harm, or causing the protected person to fear for their safety or another person’s safety, carries a maximum of three years’ imprisonment, 100 penalty units, or both.
A further offence addresses repeated ADVO breaches. It can apply where there is a knowing contravention and at least two other knowing contraventions within the preceding 28 days, together with the statutory test concerning conduct likely to cause physical or mental harm or fear for safety. The maximum penalty is five years’ imprisonment, 150 penalty units, or both.
These are maximum penalties, not automatic sentences. The result depends on the offence charged, the facts proved, the defendant’s circumstances and the applicable sentencing law.
For the standard breach offence, there is also a specific rule where the conduct was an act of violence against a person. Unless the court otherwise orders, a person convicted in those circumstances must be sentenced to imprisonment, subject to statutory exceptions. Allegations involving violence therefore require careful preparation by experienced criminal defence lawyers.
What If the Breach Was Accidental?
An accidental encounter does not automatically establish guilt. The standard offence requires a knowing contravention.
For example, a defendant may enter a place without knowing the protected person is there. Police can still investigate and may charge the defendant, but whether the offence is proved will depend on the evidence about knowledge and the terms of the order.
Do not assume an accidental contact can simply be explained later. Read the order carefully and obtain advice about what its conditions prohibit.
What If the Protected Person Contacted You First?
If an AVO prohibits contact, the protected person initiating a call, message or meeting does not automatically give the defendant permission to ignore the order.
The restrictions continue to apply to the defendant while the order remains in force. If circumstances have changed, legal advice should be obtained about whether the order can be varied or revoked.
What Should You Do If You Are Accused of Breaching an AVO?
Keep a complete copy of the AVO, Court Attendance Notice, police fact sheet, bail undertaking and any messages or records relevant to the allegation. Do not delete communications or alter material that may become evidence.
Before entering a plea, identify the exact condition said to have been breached and compare it with the prosecution evidence. Knowledge, permitted contact, identification, timing and digital evidence may all be relevant.
If you need a criminal lawyer in Blacktown or a criminal lawyer in Parramatta, Michael Vassili Lawyers can review the order, the alleged breach, the police material and any connected charges. Our criminal law team appears in bail applications, defended hearings, sentencing matters and appeals, and can provide clear advice about the court process and the options available in your case.
Disclaimer:
This article contains general information about NSW law and is not legal advice. The law may change, and how it applies will depend on the specific facts and circumstances of each matter. If you have been charged with breaching an AVO or are concerned about your obligations under an order, you should obtain legal advice about your individual situation.
