What Happens If You Breach an Apprehended Violence Order (AVO) in NSW?

Breaching an Apprehended Violence Order (AVO) in NSW is a serious offence that can lead to severe penalties, including imprisonment. An AVO is designed to protect individuals from violence, intimidation, and harassment, and breaching it undermines court authority.

How does a breach occur?
A breach happens when any condition of the AVO is not met. For example, if the order prohibits contact but you send a text message to the protected person, that is a breach. Even indirect contact through social media or mutual friends can be considered a breach.

Penalties for breaching an AVO
Penalties include fines up to $5,500, imprisonment for up to 2 years, and a permanent criminal record, which can affect employment, travel, and future court matters. Courts treat all breaches seriously to uphold victim protection (NSW Police).

Scenario example: Social media breach
John was under an AVO preventing contact with his ex-partner. He liked one of her Facebook photos, thinking it was harmless. However, this was deemed a breach, leading to charges. With legal representation, the court accepted it was unintentional, reducing his penalty. This shows how seemingly minor online interactions can carry legal risks.

Scenario example: Accidental meeting in public
Sarah had an AVO preventing her ex-partner from approaching within 100 metres. One day at Woolworths, he entered the same aisle without noticing. Although he left immediately, she reported the incident. His lawyer argued it was accidental and he took immediate steps to comply, avoiding a conviction. This highlights the importance of vigilance even in public spaces.

Longer scenario: Breach due to child contact arrangements
Michael had an AVO preventing him from contacting his former partner, with an exception to arrange child handovers. One evening, he arrived 15 minutes early and approached her car to ask about the child’s medication. She reported it as harassment and breach of AVO conditions. In court, his lawyer argued the discussion was solely about the child’s health and within the handover context. The court found that although contact was outside the agreed time, it was not intended to intimidate and dismissed the charges under a Section 10 dismissal. This case shows the complexity of family-related AVO conditions.

Possible defences

• Accidental or unavoidable breach
• Lack of knowledge about the condition breached
• False allegations
• Legitimate excuse, such as emergencies

Defending a breach requires strong legal arguments and evidence. Visit our AVO Defence Services page for more information.

Step-by-step guide: What to do if charged with breaching an AVO

1. Immediately cease any contact or behaviour breaching the AVO. This shows good faith compliance. Even if you believe the breach was minor, further contact may worsen your legal position.
2. Review the AVO document thoroughly. Many people unintentionally breach an AVO due to misunderstanding its terms. Read each condition carefully, including distance restrictions, contact prohibitions, and exceptions.
3. Write down a detailed record of the alleged breach incident. Note the time, location, what occurred, witnesses present, and your intentions or awareness at the time. This record will assist your lawyer in building a defence.
4. Collect any supporting evidence. This may include phone records showing no contact was made, CCTV footage showing accidental proximity, or messages that support your explanation.
5. Seek immediate legal advice. Contact an experienced criminal defence lawyer specialising in AVO matters. A lawyer can assess the strength of the prosecution case, advise you on potential penalties, and develop the best defence strategy.
6. Do not make admissions to police without legal advice. Anything you say can be used as evidence in court. Politely inform the police that you will not answer questions until you speak with your lawyer.
7. Follow your lawyer’s instructions precisely. This may include gathering further evidence, avoiding certain locations, or refraining from public commentary about the case.
8. Attend all court appearances punctually and appropriately dressed. Your presentation in court demonstrates respect for the legal process, which can positively influence judicial discretion.
9. Discuss with your lawyer the possibility of a Section 10 dismissal or other sentencing options. If the breach was minor or unintentional, the court may consider dismissing the charge without recording a conviction, particularly if it is your first offence.
10. Understand the long-term implications. A conviction remains on your record permanently and may affect employment, travel visas, and family law matters. Taking all necessary steps now can protect your future.

Why choose Ly Lawyers for breach of AVO defence?
At Ly Lawyers, we specialise in defending breach of AVO charges across NSW. Our experienced criminal lawyers understand the complexity of these matters and work tirelessly to protect your rights, minimise penalties, and avoid convictions where possible. We provide:

• 24/7 legal support for urgent matters
• Strong negotiation skills with prosecutors
• Courtroom expertise built over years of defending AVO breaches

Contact our criminal defence lawyers today for immediate assistance.

FAQs

Is breaching an AVO a criminal offence?
Yes, with possible jail time and a permanent criminal record.

What if the protected person contacts me first?
You must still comply with the order until it is varied or revoked by the court.

Can the AVO be removed if both parties reconcile?
Only through a court application. Reconciliation alone does not cancel the order.

Can accidental breaches be defended?
Yes, but legal representation is essential to argue the circumstances effectively.

What happens if I breach an interim AVO?
Breaching an interim (temporary) AVO carries the same penalties as breaching a final AVO.

How long will a breach stay on my record?
A conviction for breaching an AVO remains on your criminal record permanently unless a Section 10 dismissal is granted.