Contravene / Breach Apprehended Violence Order (AVO) with Intention of Causing Harm of Fear

The offence of ‘Contravene / Breach Apprehended Violence Order (AVO) with Intention of Causing Harm or Fear’ is contained at Section 14(1A) of the Crimes (Domestic and Personal Violence) Act 2007. 

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. The Crimes (Domestic and Personal Violence) Act 2007 was amended in 2024 to introduce new offences to capture a greater variety of breaches of AVOs where previously, there was only one offence that covered all breaches of any AVO conditions. These changes reflect the seriousness that Parliament and the community takes domestic violence and attempt to increase compliance with AVO conditions to better protect our community and persons from domestic violence.  Where a person breaches a condition of the AVO with the intention of causing the protected person physical or mental harm or causes the protected person to fear for their or another’s safety, they have committed an offence and are liable to be charged by Police.  

What is Contravening an AVO With Intent To Cause Harm Or Fear?

The following acts constitute contravening an AVO with intention of causing harm or fear:

• Contacting a protected person in breach of a no contact provision and threatening to kill or harm an animal in their possession,
• Contacting a person in breach of a no contact provision and threatening to harm their new partner. 
• Attending or being present at the protected person’s home or workplace.
• Sending repeated unwanted messages to a protected person that are violent or sexual in nature. 

What Must Be Proven?

For a person to be found guilty of contravening an AVO with intention of causing harm or fear the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The Defendant, 
• Knowingly,
• Contravened a prohibition or restriction in an AVO, 
• With intention of causing the protected person, 
  • Physical or mental harm, or
  • To fear for the protected person’s safety or the safety of another person. 

For this offence, the legislation states that a person intends to cause the protected person harm or fear if the Defendant knows that the conduct is likely to cause the harm or fear. The Prosecution is not required to prove the protected person actually experienced harm or fear for their or another’s safety for this offence to be made out. 

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

Which Court Will Hear the Matter?

This offence is a 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

The following defences may be available:

• 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. 
• If the breach was necessary in order to attend mediation.
• If the breach was done in compliance with the terms of a property recovery order. 
• That the alleged breach was committed in self-defence. For example, where the Defendant did “intimidate” the PINOP but only in self-defence of their child whom the PINOP was being violent towards. 

Common Questions

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 with intention of causing harm or fear 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?

The Crimes (Domestic and Personal Violence) Act 2007 at Section 14(4) says that a person who is convicted of contravening an AVO “must be sentenced to a term of imprisonment” if the breaching offence was an act of violence against a person. This practically means the starting point for a violent breach of an AVO is a Gaol term.

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