Breach of AVO, ADVO, and FVO

A breach of an AVO/ADVO occurs when a person fails to comply with the conditions set by the court. These conditions typically aim to protect individuals from harassment, intimidation, or harm. Under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), breaching an AVO/ADVO can result in significant penalties, including up to two years' imprisonment and/or a fine.

For a conviction, the prosecution must establish beyond a reasonable doubt that:

1. An AVO/ADVO was in place – A legally binding order existed at the time of the alleged breach.
2. The accused was aware of the order – The defendant had been served with or notified of the order.
3. A breach occurred – The accused engaged in actions that violated the specific conditions of the order.
4. The breach was intentional – The accused knowingly disregarded the conditions set by the order.

Several defences may apply to a breach of AVO/ADVO charges, including:

• Lack of Intent – If the breach was accidental or unintentional.
• No Knowledge of the Order – If the accused was unaware that the order was in place.
• False Allegations – If the protected person falsely accuses the defendant of a breach.
• Lawful Excuse – If the accused had a valid reason to engage in the alleged conduct (e.g., emergencies).

An experienced defence lawyer can assess your case and build a strong legal strategy.

The penalties for breaching an AVO/ADVO can vary based on the severity of the breach. Possible penalties include:

• Section 10 Dismissal – No conviction recorded
• Fine – A monetary penalty imposed by the court
• Conditional Release Order (CRO) – A good behaviour bond without conviction
• Community Correction Order (CCO) – A supervised order with conditions
• Intensive Correction Order (ICO) – A strict alternative to full-time imprisonment
• Imprisonment – Up to 2 years in severe cases

The final sentence depends on the circumstances of the breach and the defendant’s history.