Breach of AVO, ADVO, and FVO
Detailed Description
An AVO/ADVO is designed to prevent specific behaviours, and breaching these conditions is a criminal offence. Examples of breaches include:
- Contacting the protected person when prohibited
- Attending the protected person's home, workplace, or school
- Engaging in harassment, intimidation, or violence
- Sending messages or making phone calls to the protected person
Even if the protected person consents to contact, the onus is on the accused to follow the legal conditions of the order.
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.
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish beyond a reasonable doubt that:
- An AVO/ADVO was in place – A legally binding order existed at the time of the alleged breach.
- The accused was aware of the order – The defendant had been served with or notified of the order.
- A breach occurred – The accused engaged in actions that violated the specific conditions of the order.
- The breach was intentional – The accused knowingly disregarded the conditions set by the order.
Possible Defences
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.
Potential Penalties
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.
Legal Process
& Options
The legal process for breaching an AVO/ADVO involves a police investigation, court appearance to enter a plea, potential hearing or trial if pleading not guilty, and sentencing if found guilty, with experienced legal representation crucial for a fair outcome.
Pleading
Not Guilty
If you plead not guilty, Brightstone Legal will build a strong defence strategy based on:
- Lack of intent to cause fear or harm
- Misidentification or false accusations
- Insufficient evidence presented by the prosecution
- Lawful excuse for your actions
Our legal team will carefully review police evidence, cross-examine witnesses, and present a defence strategy tailored to achieving the best possible outcome.
Pleading
Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may lead to a more favourable outcome. Benefits of an early guilty plea include:
- Reduced penalties
- Possibility of a Section 10 dismissal (no conviction recorded)
- Consideration of mitigating factors
Before entering a plea, it is important to consult Brightstone Legal to understand the legal consequences and determine the best course of action.
- 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 (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.
- Yes
You ahave 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) 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 offense, 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
- No, it is a civil order.
However, breaching it is a criminal offence.
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