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.
We provide legal representation in all types of AVO matters, including defending against false or exaggerated claims, negotiating undertakings as an alternative to orders, and applying to change or revoke existing AVOs. Whether you are the defendant or the protected person, we can assist at every stage.
Yes. AVOs may seem straightforward but often involve complex issues, such as cross-examination, evidence admissibility, and long-term consequences. Our NSW criminal defence team can guide you through the process and ensure your rights are protected.
Breaching any condition of an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Police may arrest and charge you, and penalties include fines, criminal records, or imprisonment. Always get legal advice before contacting the protected person.
Possibly. However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An ADVO applies in NSW where there is a domestic relationship. An FVO applies in the ACT and refers to a similar order under ACT law.
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.
We provide legal representation in all types of AVO matters, including defending against false or exaggerated claims, negotiating undertakings as an alternative to orders, and applying to change or revoke existing AVOs. Whether you are the defendant or the protected person, we can assist at every stage.
Yes. AVOs may seem straightforward but often involve complex issues, such as cross-examination, evidence admissibility, and long-term consequences. Our NSW criminal defence team can guide you through the process and ensure your rights are protected.
Breaching any condition of an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Police may arrest and charge you, and penalties include fines, criminal records, or imprisonment. Always get legal advice before contacting the protected person.
No, it is a civil order. However, breaching it is a criminal offence.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get instant estimated Quotes
and a free consultation session
Facing criminal charges? Our experienced defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
