Breach of AVO "Apprehended Violence Order"

October 10, 2022

If you are accused of violating your AVO, you could incur fines unless you can get the allegations dismissed or withdrawn.



What are the Consequences?


If you violate your AVO, the Local Court will handle your case. If you plead guilty or are found guilty, the magistrate has the authority to impose a sentence. Included among the possible sanctions are:


  • Section 10 Termination
  • Order for Conditional Release
  • Fine
  • Order for Community Corrections
  • Intensive Corrective Measures0
  • Prison


In the end, the type of penalty you receive will depend on the specifics of your case and the severity of the violation.


Our specialised criminal attorneys routinely fight hard to protect our clients rights by presenting all evidence in a persuasive manner to buttress their case.


In numerous instances, our attorneys have been able to aid clients in avoiding lengthy prison sentences by convincing the magistrate to deal leniently with "contravene AVO" cases, despite the fact that the law states that anyone who violates an AVO by using physical force should be sent to prison.


We obtain these exceptional results in AVO cases on a regular basis, so you can rest certain that your freedom is in good hands.



What Must the Prosecution Establish?


To prove that you violated an AVO, the prosecution must show that you:


  • Violation of an AVO condition or limitation
  • That you knew you committed the breach (i.e. the breach was not accidental)


The maximum penalty for violating an AVO is two years in prison and/or a fine of $5,500; therefore, if you have been charged with violating an AVO, it is crucial to talk with a lawyer who has expertise representing clients in similar cases.


A competent attorney will be able to determine if you have a defence to the allegations that could explain or justify your conduct. If your defence is accepted, you will be deemed to be "not guilty" of violating the AVO.



What are the Protections?


These are examples of defences:


  • Where you were unaware or unaware that you were violating the AVO.
  • Where you were not served an AVO or you were not present in court when the AVO was issued.
  • Where you violated the AVO by failing to attend mediation or comply with a property recovery order, you are guilty of a violation.
  • Where you violated the AVO to defend yourself, another person (such as your children), or your property, you will not be punished (self-defence)
  • This is called duress.
  • Where it was necessary to violate the AVO to prevent substantial harm or risk (necessity)