Breach of AVO, ADVO, and FVO
Understanding Breach of AVO, ADVO and FVO Offences and How to Defend Them
Being charged with a breach of an AVO, ADVO or FVO can be confronting and confusing. These orders are designed to protect individuals from violence, harassment or intimidation, and a breach is treated very seriously by the courts. Understanding your legal obligations, available defences and the possible penalties is vital before taking any action.
Detailed description:
- A breach can occur through direct or indirect contact, approaching restricted locations, or communicating through messages or social media.
- Penalties can include imprisonment of up to 5 years, depending on the order type and jurisdiction.
- Each case is unique, and outcomes can vary depending on intent, previous history, and the circumstances of the breach.
At Brightstone Defence, we have extensive experience defending clients charged with breaching AVO, ADVO and FVO orders across NSW and the ACT. Our team will assess your case, provide clear legal advice, and represent you in court to help you achieve a fair and just result. Contact us today to discuss your options and protect your future.
What is an AVO, ADVO or FVO?
Breaching an Apprehend Violence Order (AVO) in NSW is a criminal offence that carries serious penalties. Whether it is an AVO, Apprehended Domestic Violence Order (ADVO), or a Family Violence Order (FVO), any breach can result in arrest, prosecution and possibly a criminal record.
An AVO is a protective court order that is made to prevent violence, threats, harassment or intimidation. It can apply to non-domestic relationships such as neighbours, colleagues or acquaintances.
An ADVO is made to protect someone in a domestic relationship with the defendant such as a spouse, ex-partner, family member or housemate.
An FVO is made under ACT legislation to protect a person from family or domestic violence, including physical harm, emotional abuse or coercive control. It is similar to an ADVO in NSW. FVOs can be interim or final and can include conditions restricting contact, movement and behaviour.
Elements the Prosecution Must Prove
What Constitutes as a Breach?
A breach happens when a person fails to comply with any of the conditions of the court order. These conditions may include:
- No contact (direct or indirect) with the person
- Not approaching their home, work or school
- Not sending messages, emails or using social media to communicate
- Not encouraging others to make contact on their behalf
- Not possessing firearms or weapons
It is important to note that even if the protected person initiates contact or invites you to meet, the order still applies. Only the court can change or cancel the order.
Can These Orders Be Changed or Cancelled?
You can apply to have an AVO, ADVO or FVO varied or revoked through the courts, however until this happens, all conditions remain legally binding.
Even if the protected person no longer wants the order in place, only the court can change this order.
Possible Defences
Penalties for Breaching a Court Order
Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) the maximum penalty for breach of AVO is:
- Imprisonment for 2 years
Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) the maximum penalty for breach of ADVO is:
- Imprisonment for 3 years
The maximum penalty for breaching an FVO in the ACT under the Family Violence Act 2016 (ACT) is:
- Imprisonment for 5 years
Potential Penalties
What Do I Do If I Am Accused of Breaching My Order?
It is important that you seek expert legal advice. An experienced criminal lawyer can assess your case, explain your options and defend you in court. You must not contact the protected person, even if they contacted you first, and you must comply with your bail or court-imposed conditions.
Legal Process
& Options
Being charged with breaching a protective order can be confusing and confronting. Understanding the legal process and your available options early can help you make informed decisions and protect your legal rights. Brightstone Defence has critical expertise and experience with assisting clients to a fair and just outcome. Contact us today.
Pleading
Not Guilty
You can decide to contest the charge if:
- You believe the alleged breach did not occur
- You were unaware of the order
- You have evidence that the breach was unintentional or justified
It is important that you seek expert legal advice to represent you in your matter. If you are found guilty, the penalties are subsequent.
Appeals Option
If you are unhappy with the outcome of your conviction or the severity of your sentence, you may have the right to appeal the decision to a higher court. Appeals are time-limited, so it is essential that you seek legal advice. Brightstone Defence has critical expertise and experience assisting clients to a fair and just outcome. Contact us today.
Pleading
Guilty
If the evidence against you is strong and you accept responsibility for the breach, you may choose to plead guilty. In doing so, your lawyer can present arguments for a non-conviction penalty, such as:
- Section 10
- Good behaviour bond
- Fines instead of imprisonment
However, sentencing outcomes will depend on factors such as:
- The nature and seriousness of the breach
- Whether it involved violence or intimidation
- Your previous criminal history
- Whether the breach was technical, accidental or intentional
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (FVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers or acquaintances.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) can last for a maximum of 2 years. However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past. The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against. If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence. The court will decide whether to make the order based on the facts and any evidence of threat or harm.
If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
Yes. You should seek legal advice immediately. A criminal defence lawyer can explain your rights, assess your case, and guide you through the court process. Early legal representation can significantly improve your chances of achieving the best possible outcome. Contact Brightstone Defence today to speak with our experienced team.
- Possibly
However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (APVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers, or acquaintances.
- Yes
You have the right to challenge or oppose an AVO in a defended hearing.
You should seek advice from an experienced AVO defence lawyer who can assess the police evidence and present your case clearly in court.
- Yes
While not a conviction, it may impact occupations involving vulnerable people (e.g. teaching, healthcare) or immigration status.
- No, it is a civil order.
However, breaching it is a criminal offence.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past.
- The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
- However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against.
- If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence.
- The court will decide whether to make the order based on the facts and any evidence of threat or harm.If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) is usually for a period of 2 years starting from the time that the order is made.
- However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
- If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
A specialist AVO lawyer can:
- Review the circumstances and evidence to identify strong defences
- Represent you in court hearings or negotiations with the applicant
- Advise on strategies to minimise restrictions or protect your rights while complying with the order
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (FVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers or acquaintances.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) can last for a maximum of 2 years. However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past. The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against. If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence. The court will decide whether to make the order based on the facts and any evidence of threat or harm.
If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
Yes. You should seek legal advice immediately. A criminal defence lawyer can explain your rights, assess your case, and guide you through the court process. Early legal representation can significantly improve your chances of achieving the best possible outcome. Contact Brightstone Defence today to speak with our experienced team.
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