Contravene AVO Offence

There is an offence of contravene AVO in NSW.

What this means is that a person who is the subject of an Apprehended Violence Order (AVO) has contravened (gone against) an Apprehended Violence Order.

The offence of contravene AVO (commonly referred to as breach of AVO) is governed by section 14 of the Crimes (Domestic and Personal Violence) Act 2007.

 

Breach of AVO / Contravene AVO

 

The maximum penalty for contravening an AVO is 2 years imprisonment. A court can imposition a fine instead of, or as well as, imprisonment.

If you have been charged with contravening an AVO, it is important that you seek legal advice as soon as possible as the consequences can be serious. The seriousness is compounded if the alleged contravention involves any allegation that there was actual violence associated with the contravention.

Courts take breaches of AVOs very seriously and can impose a prison sentence for any type of breach, even if it is the first offence.

In practise, a prison sentence is not likely to be imposed if you have a clear, or minor criminal history, and the breach has not involved any significant violence. However, the presence of either of these factors will certainly increase the risk of a prison sentence.

If you are found guilty of breaching an AVO, you will also have a criminal record. This can impact your ability to get a job, travel overseas or even rent a property.

Conditions of an AVO that May be Breached

If you are subject to an AVO, it is important to understand the conditions of the order and make sure you comply with them. These conditions may be the basic condition of not to assault, threaten, stalk, harass or intimidate, and not to damage property.  However, some AVOs may have additional conditions, such as – not to live at a specified property, or not to enter a specified property, or not to be within a specified number of metres of where a victim lives or works, or not to contact the victim by any means. Failure to comply with any of the conditions is a breach of the AVO.

 

If you have any questions about the offence of contravene AVO, or any other questions if you think you may have committed a breach of an AVO, you should seek legal advice – call Criminal Lawyers Sydney and Suburbs (02) 9533 2269