Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
In NSW, it is an offence for a person who is required to comply with an Apprehended Violence Order (AVO) to breach (contravene) any condition of that AVO. A person may be charged if there is an AVO in place which prohibits them from doing certain things, if they break, or breach, any of those prohibitions. For example, all AVOs contain a condition prohibiting the person subject to the AVO from assaulting the protected person. If a person breaches their AVO by assaulting the protected person, they will likely be charged with Contravening an AVO as well as with assault.
Contravening an AVO is a serious offence that carries a maximum penalty of imprisonment for two (2) years and/or a fine of 50 penalty units.
The Offence of Contravene AVO
The offence of ‘Contravene Apprehended Violence Order’ is set out in section 14(1), Crimes (Domestic and Personal Violence) Act 2007, which states:
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 Actions Might Constitute Contravene AVO?
Each AVO must include a prohibition on: stalking; harassing; threatening; intimidating; or damaging the property of, the Protected Person or a person with whom they have a domestic relationship. Examples of behaviour which might amount to this offence being committed are:
- persistent contact through phone calls, text messages, or social media;
- threatening statements to the Protected Person;
- showing up at places where the Protected Person lives, works or otherwise attends regularly;
- damaging property belonging to the Protected Person or a person with whom they have a domestic relationship, even if they were not present at the time the damage was done or even if you and the Protected Person own the property together;
- attempting to do any of the above.
Further to the mandatory orders, an AVO can have additional conditions. Common additional conditions for an AVO include:-
- not residing with the Protected Person.
- not going within a certain distance of the Protected Person’s home, work or other specified place. For example, this may include family member’s homes or children’s schools;
- not contacting the Protected Person at all; and
What the Police Must Prove
To convict a person of “Contravene Apprehended Violence Order” the police must prove beyond reasonable doubt that the person:
- was the subject of an enforceable Apprehended Violence Order;
- under that order, was prohibited from doing certain acts or acting in a certain way;
- contravened (or breached) that prohibition or order; and
- did so knowing the prohibition or order was in place.
Possible Defences to Contravene AVO
Under section 14(3) of the Act, it is a defence to the charge if the contravention of the AVO occurred in circumstances in which:
- contact with the propected person it was necessary to attend mediation; or
- the contact occurred in compliance with the terms of a property recovery order made by a Magistrate.
Furthermore, it is a defence to the section if you are able to show that you were not served a copy of the AVO, and where the AVO was made in court, you were not present in court.
Which Court Will Hear Your Matter?
This offence is a summary offence. This means that the matter must be finalised in the Local Court.
What are the Likely Penalties for Contravene AVO?
The penalty that will likely be imposed will depend on the circumstances of the offence. An offence of contravene AVO might be considered to be of lesser seriousness where the breach involves a person subject to a “no contact” provision of an AVO simply replying to a text message that the protected person had sent them, without any threats, aggression or abusive language. Such an offence might result in the offender being sentenced without conviction, or by way of a conviction or fine.
More serious examples of the offence, such as, contraventions by way of violence against the protected person, are likely to be dealt with much more seriously, for example by way of a jail sentence, Intensive Corrections Order or Community Corrections Order than breaches that involve contact only. Under section 14(4) of the Act, if you contravene an AVO with an act of violence, and are over 18, you are to be sentenced to a term of imprisonment unless a court orders otherwise.
If a court determines not to impose a period of imprisonment it must give its reasons for making that decision.
If you require legal advice in relation to contravening an AVO or any other legal matter please contact Armstrong Legal.
On this page we will answer some domestic violence FAQs. What Happens if I Consent to an AVO? An Apprehended…
The only person who can withdraw an application for an Apprehended Violence Order is the applicant. This can be done…
An application for an Apprehended Violence Order must be heard in the Local Court in what is known as an…
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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