Contravene AVO (Apprehended Violence Orders)

Our expert criminal lawyers for contravening AVO offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Contravene AVO

Being charged with contravening an Apprehended Violence Order (AVO) is a serious criminal offence that can carry significant penalties, including imprisonment and a criminal record. 

AVOs are often made in highly emotional or contested circumstances. In some cases, they may be based on exaggerated or disputed allegations. The conditions imposed can be very restrictive, preventing contact with partners, children and access to your home. 

If you are accused of breaching an AVO, our criminal defence lawyers have a strong track record of having charges dismissed, securing not guilty verdicts and achieving no conviction outcomes. 

What is an Apprehended Violence Order?

An AVO is an order made by a court against a person who makes another person (known as the person in need of protection, or PINOP) fear intimidation, harassment, or violence. All Apprehended Violence Orders provide a Defendant must not:

1. Assault or threaten the PINOP,
2. Stalk, harass or intimidate the PINOP, and
3. Deliberately or recklessly destroy or damage anything that belongs to the PINOP.

Additional orders can be sought that state the Defendant is:

1. No longer allowed to reside at the family home.
2. Not allowed to contact the protected person except through the use of a lawyer.
3. Not allowed within a certain distance from the protected person/s residence, work or school.
4. Not allowed to be in the company of a protected person for at least 12 hours after taking alcohol or drugs.
5. Not allowed to possess any firearms or prohibited weapons.
6. Not allowed to try to locate the Protected Person.

You can read more about AVO’s here. 

Pleading not guilty to contravening an AVO

If you plead not guilty, the prosecution must prove beyond a reasonable doubt that you:

• Were subject to a valid AVO with specific conditions; and 
• Contravened one or more of those conditions; and 
• Did so knowingly. 

Common defences include: 

• No breach occurred (the conduct did not contravene the order).
• Lack of knowledge of the AVO or its conditions.
• Accidental or unintended conduct.
• False or exaggerated allegations.
• Insufficient evidence.

You can read more about AVO’s here. 

Pleading guilty to contravening an AVO

If you decide to plead guilty, our focus is on achieving the best possible outcome and avoiding harsh penalties. We negotiate with the police to reduce the charge or negotiate the agreed facts. 

The maximum penalty for contravening an AVO is:

• 2 years imprisonment, and/or 
• A fine of $5,500.

Avoiding both custody and a conviction is often achievable. 

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian criminal law group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your contravene AVO charge to obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Source:

Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-04

This information is intended as a general guide to law only.  It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.