Accused of breaching an AVO?
Breaching or contravening an Apprehended Violence Order is a criminal offence in NSW. ED Legal represents people accused of breaching ADVOs and APVOs across Sydney and NSW.
The exact wording of the order matters. A breach allegation can involve contact, attending a prohibited location, approaching a protected person, using another person to make contact or conduct said to breach a behaviour restriction.
If police have arrested you or imposed bail conditions, obtain advice quickly. The breach charge, the existing AVO and any new criminal allegation need to be considered together.
How we can help you
We can review the AVO, proof of service, messages, call records, CCTV, body-worn video and witness evidence, and identify the specific prohibition or restriction police say was breached.
We can advise on the charge, prepare a defended hearing, make representations where appropriate, deal with related bail issues and represent you in any connected AVO proceedings.
If police allege a breach
Do not assume that a protected person's invitation automatically makes contact lawful. The order remains in force unless changed by a court, and the person bound by it must comply with its terms.
Preserve all communications and keep a copy of the AVO. If police want an interview, obtain legal advice before deciding whether to participate.
What must be proved
Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 creates offences for knowingly contravening a prohibition or restriction in an AVO. Service or presence when the order was made can be relevant to whether the offence is established.
Current section 14 also contains a separate offence for knowingly contravening an ADVO with the intention of causing physical or mental harm, or fear for safety. The exact subsection charged changes the issues and maximum penalty.
Read the exact AVO conditions
AVOs are not all identical. Some prohibit contact, some restrict attendance at an address, and others impose behaviour conditions. The prosecution must identify the condition said to have been breached.
We can compare the alleged conduct with the actual wording of the order and advise whether the evidence establishes a knowing contravention.
Contact, invitations and property recovery
An invitation from the protected person does not itself cancel an AVO condition. If the order prohibits contact or attendance, following the invitation may still expose the defendant to a breach allegation.
The legislation contains limited exceptions in specific circumstances, including conduct done in compliance with a property recovery order. Whether an exception applies should be checked against the exact facts and order.
Bail after an alleged breach
An alleged breach can result in arrest and new bail conditions. Tell us if you are in custody, if police allege violence or repeated breaches, or if conditions affect where you can live or who you can contact.
Defending a breach AVO charge
Possible issues include whether the relevant condition existed, whether you knew of the order, whether the alleged conduct occurred and whether it amounted to a knowing contravention.
Messages, call records, location evidence and body-worn video may be important. We can assess the evidence and prepare the matter for hearing where the allegation is disputed.
Maximum penalties
A general offence under section 14(1) carries a maximum penalty of 2 years imprisonment, 50 penalty units, or both. The separate intentional ADVO contravention offence under section 14(1A) carries a maximum penalty of 3 years imprisonment, 100 penalty units, or both. Some violent contraventions also engage special sentencing provisions.
Preparing to speak with a lawyer
Have a copy of the AVO, Court Attendance Notice and bail papers available. Preserve the messages, call logs or other material police rely on and tell us the exact condition said to have been breached.
For advice about a breach AVO charge, contact ED Legal for a free initial consultation. You can also review our AVO and Domestic Violence pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
