Contravene AVO - Domestic Violence

    Contravene AVO - Breach AVO
    Domestic Violence

    If you have been charged with Contravening an AVO, it is a serious charge and in NSW, Contravening an Apprehended Violence Order carries a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units. 

    Legally, for your information, section 14 of the Crimes (Domestic and Personal Violence) Act 2007 is as follows: 

    CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 14

    (1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
    Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both.
    (2) A person is not guilty of an offence against subsection (1) unless:
    (a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or
    (b) in any other case, the person was served with a copy of the apprehended violence order.
    (3) A person is not guilty of an offence against subsection (1) if the contravention of the prohibition or restriction concerned:
    (a) was necessary in order to attend mediation under section 21, or
    (b) was done in compliance with the terms of a property recovery order.
    (4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.
    (5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.
    (6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.
    (7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) if the person is a protected person under the order concerned.
    (8) A police officer is to make a written record of the reasons for:
    (a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1) or (9) (whether or not the person is arrested), or
    (b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1) or (9),
    if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.
    (9) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
    Note : The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.

    What is a Contravention or Breach of an Apprehended Violence Order?
    As per above, section 14 (1) states that 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 needs to be proved by the Police/Prosecution?
    To convict you of Breach AVO, the prosecution must prove each of the following matters beyond a reasonable doubt:
    • There was an active probation on your conduct in a valid AVO
    • You breached that prohibition
    What will be my likely sentence?

    Due to the contravene AVO offence being a serious offence regarded by the community and a protection measure placed on PINOPs to prevent further acts of violence/intimidation, the wording of any proved contrvene AVO in section 14 is clear - you are to face a term of imprisonment - especially if the contravene involves an act of violence. 

    Section 14(4) above:  Unless the court otherwise orders, a person who is convicted of an offence against subsection (1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

    Hence, if you are charged with this offence, it is important to seek expert legal representation, as this could be the difference between you having a custodial sentence imposed or being spared time in jail. 

    How we can assist
    If you have been charged with contravene AVO, especially if such a contravention involves an act of violence, we are able to assist you in either defending your charge or making submissions on sentence so that you can achieve the best outcome possible. 

    We are here to help. 

    Feel free to contact us for more information or simply fill out the form below and we will contact you to assist in your enquiry. 

    Share by: