Contravene / Breach Apprehended Violence Order (AVO) on 3 Occasions During 28 Day Period - (“Persistent Breach of AVOS”)

The offence of “Contravene / Breach Apprehended Violence Order (AVO) on 3 Occasions During 28 Day Period” also known as a “Persistent Contravene / Breach of AVO” is an offence against Section 14(1C) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty for the offence is 5 years imprisonment and/or a Fine of $16,500.00 

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. 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 people from domestic violence.  

What is a Persistent Breach / Contravene AVO?

Where a person repeatedly breaches or contravenes the provisions in their AVO on 3 separate occasions within a 28-day period, they are liable to be charged with this offence. 

The following acts a Persistent Breach offence: 

• Sending violent, threatening or sexually explicit messages to a protected person through text message, email or social media on 3 separate occasions during a 28-day period in breach of a no contact provision on an AVO.
• Showing up at the protected person’s workplace on 3 separate occasions during a 28-day period in breach of a no contact provision on an AVO. 

What Must Be Proven?

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

• The Defendant,
• Knowingly breaches an AVO condition, and
• Has two prior knowing breaches in 28 days, and
• A reasonable person would consider the conduct would be likely in “all the circumstances” to cause the protected person physical or mental harm, or fear for their safety.

The Act says that the last element will be satisfied where a reasonable person would consider the breaching conduct would be likely in all the circumstances to cause the protected person fear or harm, whether or not the harm or fear was in fact caused to the protected person. 

If any of these elements are unable to be proved beyond a reasonable doubt, or if the Court considers that in all the circumstances a reasonable person would not consider the conduct to cause fear or harm, then you should 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 to Persistent Breach of AVO:

The following defences may be available for a Persistent Breach charge:

• 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. 
• A reasonable person would not consider in all the circumstances that the conduct would cause harm or fear to the protected person’s safety. 
• That one of the breaches occurred outside the 28-day period. 

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 Persistent Breach of AVO 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 Persistent Breach of 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 Persistent Breach charge?

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 Persistent Breach of an AVO with violence is a Gaol term. 

Due to the nature and elements of this offence, being repeated breaches within a month with an intention to cause harm to the protected person, the Court will treat these offences seriously and a Gaol term is a likely sentencing outcome. 

If you require legal advice about Apprehended Violence Orders or any other legal matter, please contact Armstrong Legal.