In New South Wales, contravening a domestic Apprehended Violence Order (AVO) is an offence under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007. It is an offence to knowingly breach any restriction or prohibition set out in an AVO. The consequences can include penalties of up to two years’ imprisonment, a fine or both.

What Constitutes a Breach of an AVO?

A breach occurs when any condition of the AVO is broken. This can include:

• Contact: Making persistent phone calls, sending texts, emails, or social media messages, or approaching the protected person directly.
• Proximity: Going to the protected person’s home, workplace, or other places they regularly attend.
• Weapons: Possessing firearms or other restricted items where the AVO prohibits such possession.
• Violence: Committing an act of violence against the protected person, which can also result in separate criminal charges.

What the Prosecution Must Prove

To secure a conviction, the prosecution must establish beyond reasonable doubt that:

• A valid AVO was in place.
• The accused was properly served with the order or was present in court when it was made.
• The accused knowingly contravened a condition of the order.

Penalties for Breaching an AVO

The penalties for contravening an AVO can be significant:

• Imprisonment: Up to 2 years.
• Fine: Up to 50 penalty units.
• Both: A fine and imprisonment may be imposed together.
• Additional sentencing: If the breach involved violence, an extra penalty may apply in addition to the breach itself.

Possible Defences

Possible defences may include:

• Legal necessity: Breach occurred to comply with a property recovery order or to attend court-mandated mediation.
• Duress: The accused was compelled to act due to threats of immediate harm.
• Self-defence: The accused acted to protect themselves or another person.
• Lack of knowledge: The accused was unaware of the AVO or had not been properly served with it.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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