Contravening an Apprehended Violence Order (“AVO”) or Apprehended Domestic Violence Order is considered a serious offence as it is considered a breach of a court order and can be considered a threat to the safety of people a Court considers needing protection.

This is an offence under s14 of the Crimes (Domestic and Personal Violence) Act 2007 NSW.

In order to prove the Contravene AVO charge, the prosecution must prove beyond a reasonable doubt:

  • You knowingly break;
  • A restriction listed in an AVO.

To be guilty of this offence, you must have been served a copy of the AVO or were present in Court when the AVO was made.

Defences For Breaching an AVO

  • Self-Defence
  • Duress
  • Necessity
  • Compliance with a property order
  • Inadvertently breached

Penalty For Breaching an AVO

The maximum penalty if you are convicted in the Local Court is 2 years imprisonment or a fine of $5,500.

If you have been charged with Contravene AVO, contact Benjamin & Leonardo Criminal Defence Lawyers for expert legal advice. Your first conference is FREE.

 

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