Breach of AVO, FVO, and ADVO
Detailed Description
An AVO/ADVO is designed to prevent specific behaviours, and breaching these conditions is a criminal offence. Examples of breaches include:
- Contacting the protected person when prohibited
- Attending the protected person's home, workplace, or school
- Engaging in harassment, intimidation, or violence
- Sending messages or making phone calls to the protected person
Even if the protected person consents to contact, the onus is on the accused to follow the legal conditions of the order.
A breach of an AVO/ADVO occurs when a person fails to comply with the conditions set by the court. These conditions typically aim to protect individuals from harassment, intimidation, or harm. Under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), breaching an AVO/ADVO can result in significant penalties, including up to two years' imprisonment and/or a fine.
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish beyond a reasonable doubt that:
- An AVO/ADVO was in place – A legally binding order existed at the time of the alleged breach.
- The accused was aware of the order – The defendant had been served with or notified of the order.
- A breach occurred – The accused engaged in actions that violated the specific conditions of the order.
- The breach was intentional – The accused knowingly disregarded the conditions set by the order.
Possible Defences
Several defences may apply to a breach of AVO/ADVO charges, including:
- Lack of Intent – If the breach was accidental or unintentional.
- No Knowledge of the Order – If the accused was unaware that the order was in place.
- False Allegations – If the protected person falsely accuses the defendant of a breach.
- Lawful Excuse – If the accused had a valid reason to engage in the alleged conduct (e.g., emergencies).
An experienced defence lawyer can assess your case and build a strong legal strategy.
Potential Penalties
The penalties for breaching an AVO/ADVO can vary based on the severity of the breach. Possible penalties include:
- Section 10 Dismissal – No conviction recorded
- Fine – A monetary penalty imposed by the court
- Conditional Release Order (CRO) – A good behaviour bond without conviction
- Community Correction Order (CCO) – A supervised order with conditions
- Intensive Correction Order (ICO) – A strict alternative to full-time imprisonment
- Imprisonment – Up to 2 years in severe cases
The final sentence depends on the circumstances of the breach and the defendant’s history.
Legal Process
& Options
The legal process for breaching an AVO/ADVO involves a police investigation, court appearance to enter a plea, potential hearing or trial if pleading not guilty, and sentencing if found guilty, with experienced legal representation crucial for a fair outcome.
Pleading
Not Guilty
If you dispute the charge, you may plead not guilty. Your defence lawyer can challenge the prosecution’s case by:
- Highlighting lack of evidence or inconsistencies
- Proving the breach was unintentional or based on false allegations
- Presenting lawful reasons for the alleged breach
If the prosecution fails to prove the case beyond a reasonable doubt, you will be found not guilty.
Pleading
Guilty
Pleading guilty can result in a more lenient sentence, as it demonstrates remorse and cooperation. The court may consider factors such as:
- The nature and severity of the breach
- The accused’s prior record and character references
- Any mitigating circumstances, such as misunderstanding the order
Depending on the case, the court may impose a reduced penalty instead of imprisonment.
If you are charged with violating an AVO & ADVO, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Below is some general information about the various AVO & ADVO charges and how our criminal defence team can help you:
If you are charged with violating an AVO & ADVO, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If the two people involved are not related by blood or family, such as neighbours, friends or colleagues, an Apprehended Personal Violence Order (APVO) will be issued.
Factors that determine an Apprehended Violence Order:
- – PINOPs are afraid of the prohibited person’s behavior (usually violent behavior);
- – This behavior is not permitted (consent) by PINOP.
Although an AVO is not a true criminal offence in itself, it will be permanently recorded. Brightstone Legal has handled many cases involving AVOs and has concluded that there are generally two ways to deal with AVO charges: 1) Chinese clients generally deal with it by accepting the restraining order but not agreeing to the facts alleged; or 2) not accepting the restraining order (which automatically includes not agreeing to the facts alleged) and going to court. From asking the judge to issue procedural orders in favor of the defendant through the court, collecting evidence, writing testimony, cross-examination at the hearing, to closing arguments, every step requires an experienced criminal defense lawyer to ensure that the litigation process and the chances of winning are maximized. Brightstone Legal has a team of reliable and experienced criminal lawyers. Our professional defense lawyers are passionate about achieving excellent results for our clients and maintaining high client satisfaction. Whether you are accused of domestic violence or facing related criminal charges, no matter what your specific situation is, we will work hard to ensure that you get the best result. For related questions, please call (02) 9223 1999 to contact the Brightstone Legal criminal team.
For criminal prosecutions of a domestic violence nature, please click on the link in Mingshi’s column .
If the two parties involved are relatives, live together or have an intimate relationship, or have had such a relationship before, the authorities will issue an Apprehended Domestic Violence Order (ADVO). For example:
a. Both parties have cohabitation, intimate or marital relationship
b. Both parties live under the same roof (e.g. parents and children, roommates)
c. Both parties are or have been in a dependent care relationship (including paid caregivers)
d. Both parties are relatives
Apprehended Family Violence Orders may also be made for Aboriginal or Torres Strait Islander people if the offender is a family relative or extended family .
Apprehended Violence Order (AVO) is called an Apprehended Violence Order, also known as a restraining order or a protection order. AVO is an order issued by the court to protect a person who is at risk of violence (PINOP) from further violence, intimidation or harassment. Most of the time, Apprehended Violence Orders are issued for legitimate reasons. However, according to surveys, the abuse of Apprehended Violence Orders is becoming more and more serious. Some applicants will use Apprehended Violence Orders to retaliate against their partners or increase their chances of winning family law or civil lawsuits. At the same time, some people will use this order to speed up their visa applications. If you suspect that you are encountering a similar situation, please contact our criminal defense lawyer team in time to customize a suitable solution.
In addition, if the police are concerned about the personal safety of the PINOP, the police may apply for a temporary restraining order for the PINOP (without the PINOP's consent). This type of restraining order is called a Police Apprehended Violence Order (Police AVO), and is mostly issued when the PINOP is violently treated or sexually assaulted. In addition, the PINOP can also apply for an Apprehended Violence Order on their own, which is called a Private Apprehended Violence Order (Private AVO).
There are two types of Apprehended Violence Orders:
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