Contravene / Breach Apprehended Violence Order (AVO)

The offence of ‘Contravene / Breach Apprehended Violence Order (AVO)” is contained in Section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty is 2 years imprisonment and/or a Fine of $5,500.00. 

Apprehended Violence Orders (both ADVOs and APVOs) are orders made by the Court that restrict a person from engaging in certain conduct (such as contacting or residing with a person or destroying property belonging to a person) as a way of preventing a protected person from experiencing domestic or personal violence. Where a person breaches a condition of the AVO or engages in conduct that stalks, harasses, intimidates the protected person, or if they destroy or damage any property belonging to the protected person, they have committed an offence of contravening (breaching) an Apprehended Violence Order (AVO). 

What is a Contravention of an Apprehended Violence Order?

The Crimes (Domestic and Personal Violence) Act 2007 makes it an offence for a person to contravene (breach / not comply with) a condition in an apprehended violence order. This offence applies to all forms of AVOs including Provisional, Interim and Final Orders. 

The following acts constitute contravening an AVO:

• Repeatedly contacting or messaging the protected person (harassment), even if there is not a condition that prevents contact on the AVO. 
• Following the protected person or attending their workplace uninvited. 
• Throwing away items or destroying property that belongs to the protected person or jointly belongs to the protected person and the Defendant. 
• Contacting the protected person (through any means including text, email or on social media) when the AVO restricts contact. 
• Arranging a third party to contact the protected person when the AVO restricts contact. 

What Must Be Proven?

For a person to be found guilty of contravening an AVO the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The Defendant,
• Knowingly,
• Contravened a prohibition or restriction specified in an apprehended violence order. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

The element of “knowingly” breach is important, as a Defendant must be aware of the conditions of the AVO in order for those conditions to be knowingly breached. The legislation requires that for a person to “knowingly” contravene an AVO, they must have been served with a copy of the order or have been present in Court when the Order was made. 

Which Court Will Hear the Matter?

This offence is a Summary “Table 1” offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences for a Contravention of an Apprehended Violence Order

The following defences may be available for a contravening an AVO charge:

• That contact with the protected person was necessary to attend mediation.
• That the contact occurred in compliance with the terms of a property recovery order made by a Magistrate.
• That the Defendant did not “knowingly” contravene a prohibition or restriction. For example, where the Defendant was not served with a copy of the AVO. 
• That the alleged breach does not amount to a contravention of a prohibition in the AVO. For example, where the PINOP/complainant alleges that messages received from the Defendant are “harassing” when the messages are in compliance with Family Court Orders about the care of joint children as per condition 6. 
• That the alleged breach was committed in self-defence. For example, where the Defendant did “assault” the PINOP but only in self-defence of their child whom the PINOP was being violent towards. 

Common Questions about  a Contravention of an Apprehended Violence Order

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a common assault charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for contravening an AVO might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for a charge of contravening an AVO?

Whether a person receives a term of imprisonment for contravening conditions in their AVO heavily depends on the circumstances of their case. While all contraventions of AVOs are treated seriously by the Courts, some low-level contraventions (such as technical breaches) will often result in fines or community-based orders (such as good-behaviour bonds). 

However, if a breach of an AVO is committed by way of an act of violence, the Legislation says that the Court “must sentence a person to a term of imprisonment”. Due to the prevalence of Domestic Violence in our community and this section of the legislation, the Court is bound to hand down terms of imprisonment for violent contraventions of AVOs unless it is convinced otherwise and must state its reasons for doing so. This practically means the ‘starting point’ for a violent contravention of an AVO is a Gaol term. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.