Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Breach Apprehended Violence Order (AVO)
In NSW, the offence of breaching an apprehended violence order (Breach AVO) carries a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units. In most cases a charge of Breach AVO alone doe snot result in a court sentencing a person to imprisonment on a full time basis. However, if the accused has breached the AVO with an act of violence, or has a history of domestic violence offences, the court will seriously consider whether they should serve time in jail.
Often a charge of breach AVO has a second charge attached. For example, there may be an AVO in place that says that a person must not assault the person in need of protection (PINOP). If police have reason to believe they have in fact assaulted that person, they will usually lay a charge of Breach AVO as well as a charge of assault. Whilst breach AVO is a serious charge in and of itself, an assault charge where the assault is alleged to breach an AVO is even more serious.
The Offence of Breach AVO
The offence of Breach AVO is contained in section 14 of the Crime (Domestic and Personal Violence) Act 2007. It reads as follows:
A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
What if I didn’t know about the AVO?
Section 14 provides some defences to the offence of Breach AVO. A person is not guilty of the offence unless:
- They were served with a copy of the order, or
- They were in court when the court made the order
What Actions Might Constitute Breach AVO?
All AVOs must contain certain conditions, otherwise referred to as the ‘mandatory orders’. These orders prohibit the defendant in the AVO from assaulting, threatening, stalking, harassing, intimidating or destroying/damaging the property, of the person in need of protection. Doing any one of those things constitute a breach of the AVO.
AVOs may also contain additional orders that can be tailored to each individual circumstance. Examples of some of additional orders that can be put in place are:
- Not to contact the PINOP, except through a legal representative or for a particular reason;
- Not to approach the PINOP within twelve hours of consuming intoxicating liquor and/or drugs;
- Not to approach the PINOP’s home, work or any other stated place;
- Not to be within a specified distance of the PINOP’s home, work or any other stated place.
It is critical that you read through your AVO paperwork carefully and understand the conditions. If you knowingly perform any one of the prohibited actions listed in the AVO, you could be charged with breach of AVO.
It is also important to remember that all the conditions cover not only the PINOP listed in the document, but anyone they have a domestic relationship with. This covers current and past partners of the PINOP; relatives and family members as well as people who lived with or are living with the PINOP.
What the Police Must Prove?
To find a person guilty of breach AVO, the prosecution must prove each of the following matters beyond a reasonable doubt:
- There was an active prohibition on their conduct in a valid AVO.
- They breached that prohibition.
Can the protected person consent to you breaching the AVO?
No. This means that the following are all illegal:
- Where there is a non-contact clause – replying to a text message
- Where there is a prohibition on going to the person’s house – accepting their invitation to visit
- Where there is a prohibition on being near someone within 12 hours of drinking – drinking a beer they offered to you
- Where there is a prohibition on living with someone – allowing them to move into your place
Possible Defences for Breach AVO
A person charged with this offence may validly argue in their defence:
- Their actions did not breach the AVO;
- There was no AVO in force.
Which Court Will Hear Your Matter?
This matter is a summary offence, meaning that it will be finalised in the Local Court
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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