What Happens If You Breach an AVO in NSW?

reaching an Apprehended Violence Order (AVO) is a criminal offence in New South Wales. Even if the protected person agrees to the contact or wants to withdraw the AVO, you may still be charged if you breach one of its conditions.

Many people mistakenly believe an AVO is “just a piece of paper.” In reality, breaching an AVO can result in arrest, criminal charges, a criminal record and, in serious cases, imprisonment.

If you’ve been accused of breaching an AVO, it’s important to obtain legal advice as soon as possible.

Michael Confos regularly represents clients charged with breaching AVOs throughout Sydney and NSW. If you’ve been charged or are under investigation, contact ⁠AVO Lawyer Sydney today for a free consultation.

Is Breaching an AVO a Criminal Offence?

Yes.

While an AVO itself is generally a civil order, breaching an AVO is a criminal offence.

If police believe you’ve intentionally breached one or more conditions of an AVO, they may:

• arrest you

• charge you with breaching an AVO

• refuse police bail in some circumstances

• require you to appear before the Local Court

What Must Police Prove?

To obtain a conviction, the prosecution must prove the elements of the offence beyond reasonable doubt.

This generally includes proving:

• there was a valid AVO in force

• you were aware of the AVO

• you committed conduct that breached one or more conditions of the order

Each case depends on its own facts and the evidence available.

What Are Common Examples of Breaching an AVO?

Examples may include:

• contacting the protected person

• sending text messages

• making phone calls

• attending their home or workplace

• approaching them in public

• threatening or intimidating them

• asking another person to contact them on your behalf

Even conduct that appears minor can amount to a breach if it contravenes the conditions of the order.

What Are the Penalties for Breaching an AVO?

The penalty imposed depends on:

• the seriousness of the breach

• whether violence was involved

• your criminal history

• whether you pleaded guilty

• your personal circumstances

Possible penalties include:

• a Section 10 dismissal or Conditional Release Order (where available)

• a fine

• a Community Corrections Order

• an Intensive Corrections Order

• imprisonment

Every case is different, and the appropriate penalty depends on the individual circumstances.

If you’ve been charged with breaching an AVO, obtaining early legal advice may improve your outcome. Learn more by visiting ⁠AVO Lawyer Sydney.

What If the Protected Person Contacted Me First?

This is one of the most common misunderstandings.

Even if the protected person:

• contacts you first

• invites you to meet

• asks you to come over

• wants to continue the relationship

you may still commit an offence by breaching the AVO.

The order is made by the court, not by the protected person.

Can the Charges Be Defended?

Yes.

Depending on the circumstances, there may be legal or factual issues that affect the prosecution’s case.

Every allegation should be carefully examined before deciding whether to plead guilty or not guilty.

Obtaining legal advice early allows an experienced criminal lawyer to review the prosecution evidence and explain your available options.

What Should I Do If I’m Charged?

If you’re charged with breaching an AVO you should:

• remain calm

• comply with your bail conditions

• avoid contacting the protected person if prohibited

• attend court when required

• obtain legal advice immediately

The earlier you obtain legal advice, the more time your lawyer has to prepare your case.

Frequently Asked Questions

Can I go to jail for breaching an AVO?

Yes. Depending on the seriousness of the offence and your circumstances, imprisonment is one of the sentencing options available to the court.

What if the protected person wanted to see me?

You may still commit an offence even if the protected person initiated the contact or consented to it.

Will I get a criminal record?

A conviction for breaching an AVO can result in a criminal record, although every case depends on its facts and the sentence imposed.

Should I hire an AVO lawyer?

Yes. Early legal advice can help you understand the allegations, assess the strength of the prosecution case and work towards the best possible outcome.

Key Legislation

Breaching an AVO is primarily governed by:

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Crimes (Sentencing Procedure) Act 1999 (NSW)

• Evidence Act 1995 (NSW)

Relevant Case Law

When determining whether an AVO has been breached, the court considers whether the prosecution has proved each element of the offence beyond reasonable doubt and whether any legal issues arise from the evidence.

Every case is determined on its own facts.

Charged With Breaching an AVO?

A charge for breaching an AVO should never be taken lightly. A conviction can have serious consequences for your employment, your criminal record and your future.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with breaching AVOs throughout NSW. Whether you’re considering pleading guilty or defending the allegation, obtaining legal advice early can make a significant difference to the outcome of your case.

Call today for a free consultation or learn more by visiting ⁠AVO Lawyer Sydney.

You may also find these articles helpful:

• ⁠AVO Lawyer Sydney

• ⁠What Is an AVO in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship with Michael Confos. If you require legal advice about an AVO or any other criminal matter, you should obtain advice from a qualified Australian lawyer.