What is breach of an AVO?

A breach of an AVO occurs when conditions or prohibitions listed on an Apprehended Violence Order have been contravened.

A person can only knowingly breach conditions recorded on an AVO. This means that accidental breaches, if proven, will not result in a conviction. EG. Attending an event without knowing that the protected person was there. There may be a situation where you did not know that an AVO was in place because you were not served with a copy of the AVO, or were not in court when the order was made.

A charge of breaching an AVO is often accompanied with other charges. For example, if a condition prohibits contact with a protected person; a simple act of replying to a text may entitle police to lay a breach of AVO charge, and a stalk / intimidate charge.

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