Breach of an ADVO:

An Apprehended Domestic Violence Order (ADVO) may be breached if the person against whom the ADVO is issued (the defendant) does something that the ADVO does not allow. All ADVOs must contain the mandatory orders. These orders prevent the defendant in the ADVO from:

• Stalking, intimidating, harassing or damaging property of the person who is in need of protection (PINOP).

Additional orders may include:

• Not contacting the person except through a legal representative.
• Maintaining a specified distance from the person’s home, workplace or any other stated place.

If you breach any of these orders, then it is considered as a breach of ADVO.

Penalties for breach of an AVO:

If an ADVO is breached then the police have the powers to arrest you and you can be charged with breaching an ADVO. Depending on the seriousness of the offence, you may also be required to attend the Court if there are other criminal charges against you such as assault or malicious damage charges.

If the Court convicts you for breaching an ADVO, you can be fined up to $5,500 or imprisoned for up to two years.

The offence for breach of an ADVO is contained under section 14 of the Crime (Domestic and Personal Violence) Act 2007 (the Act) which states:

“A person who knowingly contravenes the prohibition or restriction specified in an apprehended violence order made against the person is guilty.”

What if there is an accidental breach of AVO?

Under certain instances, it can be possible for you to accidentally breach an ADVO without having the intention to do so. The police can charge you with the offence of contravening the ADVO but you may not be found guilty of contravening an ADVO unless you have knowingly done something that the AVO prohibits.

In order to convict you for a breach of ADVO, the prosecution will have to prove the matters beyond reasonable doubt which include:

• There was a prohibition on your conduct by way of an ADVO.
• You breached that prohibition.

What are the possible defences for breach of ADVO?

Section 14 of the Act provides certain defences to the offence of breaching an ADVO. You may not be guilty of an offence unless:

• You were served with a copy of the ADVO.
• You were in court when the order was made.

The possible defences for the breach of an ADVO may include:

• To deny that your act breached the specific orders of the ADVO.
• To deny of breaching the ADVO intentionally.
• To deny about having knowledge of the ADVO.

Pannu Lawyers extensively practice in Criminal Law and regularly appears at Courts throughout New South Wales. If your ADVO matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Backdown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.