Breach of an Apprehended Violence Order (“AVO”) – s 14 Crimes (Domestic and Personal Violence) Act 2007

The maximum penalty for breach of an AVO is 2 years imprisonment or 50 penalty units ($5,500), or both.

Please note that such a penalty is reserved for the most serious cases only. 

This option is recommended only where you accept that:

• a valid AVO prohibited or restricted your conduct; and
• you knowingly contravened the conditions of that AVO.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
  • This is the most common penalty for the offence of AOABH.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove this offence, the Prosecution must establish beyond a reasonable doubt that:

• a valid AVO prohibited or restricted your conduct; and
• you knowingly contravened the conditions of that AVO.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences:

• The AVO is invalid.
• You were not served with an AVO or you were not in court when the AVO was made.
• You were not aware of the terms or conditions of the AVO.
• Your actions do not amount to a breach of the AVO.
• You did not intentionally contravene the AVO.
• Duress: circumstances or the threats of another compelled you to breach the AVO.
• Necessity: Your actions were necessary to prevent a greater harm from occurring.