Breaching An AVO: 5 Shocking Truths You Need to Know
Breaching an AVO is a serious offence.
Once you have been served with one, you must be careful not to contravene it to avoid further complications.
Australian courts have the authority to issue Apprehended Violence Orders (AVOs) to protect individuals from violence or the danger of violence.
An AVO's goals are to secure the protected individual and make the accused offenders answer for whatever wrongdoing they may have committed.
What Constitutes Breaching an AVO?
An AVO can be breached by contravening the conditions set forth in it.
It can be done in several ways, including but not limited to:
- Contacting the protected person: This can include phone calls, text messages, emails, letters, or any other form of communication.
- Approaching or coming within a specified distance of the protected person: This distance is usually determined by the court and is set in the AVO.
- Assaulting, threatening, or intimidating the protected person: This can include physical violence, verbal abuse, and other forms of intimidation.
- Damaging property belonging to the protected person: This can include the destruction of personal property or damage to a shared residence.
Breaching an AVO may even occur if the protected person permits contact or action.
When a person's safety is at stake, the law requires that the court's decision be honoured, even if the parties concerned cannot come to terms with one another.
What are the Legal Effects of Breaching an AVO?
A defendant breaching an AVO should be taken very seriously and can lead to harsh punishments.
If a court decides that breaching an AVO has occurred, the offence will exist on your criminal record. You can also get the following sentences from the court:
- Two years behind bars
- Fines of up to $5,000
- Bonds or other punishments for good behaviour
In addition to the legal penalties, breaching an AVO can also have long-term consequences.
A criminal record can affect future employment opportunities, travel plans, parental rights, and acquiring a license to use and possess firearms.
It can also impact a person's reputation and relationships.
Can You Defend Yourself Against Accusations of Breaching an AVO?
Yes, you can defend yourself against malicious accusations of breaching an AVO using the following legal defence:
It Was Purely an Accidental Breach
Sometimes, you might not know that you broke your Apprehended Violence Order (AVO) even though you didn't mean to.
For example, you may have gone to a place by mistake if you didn't know the protected person was there.
If you accidentally caught yourself breaching an AVO, you could be charged for it, which is a crime.
But you can't be found guilty of disobeying unless the court finds you guilty of orchestrating a covered-up breach.
You Acted Under Duress
A defendant is not guilty of a crime if another person basically "forced" them to do it. The accused would have a defence if forced to do things that broke an AVO.
You Acted in Good Faith
A person may have a defence if they conducted the physical acts accused of but did so because they relied on an honest and reasonable but incorrect belief regarding a matter of fact (as opposed to a matter of law).
Breaching an AVO is a "strict liability offence," which means that just knowledge of the breach is required to constitute criminal culpability.
The accused is not responsible for their actions if they honestly thought that a different set of circumstances existed.
You Were Unaware an AVO Was Made Against You
If the defendant was not present in court when the AVO was issued, had not been served with a copy of the order, or had not been informed of its existence, then this might be grounds for dismissal of the charges.
What Would Happen If The AVO Was Broken With The Victim's Permission?
The Code of Practice for how the NSW Police Force handles domestic and family abuse says that an offender can't break an AVO, even with the victim's permission.
The suspect is always in charge of following the order.
Victims who want the AVO to be taken away can ask the court to remove a condition or the whole order.
It is essential to know that people who AVO covers are not responsible if they help someone break it.
When an AVO is broken, the cops are told to charge the person who broke the rule.
Or, the police could ask the court for a change if they think that the connection between the two people has changed and that the AVO should have different conditions.
Depending on the situation, applications can be made to increase or remove conditions on order.
Can a Protected Person Breach the AVO They Filed?
A PINOP can't be charged with breaching an AVO they filed.
But they can still face the consequences if they are deliberately breaching the AVO conditions they filed.
The following things may happen:
- If the protected person is breaching an AVO, it could hurt their case against the defendant and cause the court to take away the AVO. If the court thinks that the protected person doesn't have a good reason to be afraid of the defendant or if the defendant has done something wrong, it may decide to take away the AVO. This can be very bad for the protected person since the AVO no longer gives them formal protection.
- If an AVO is broken, it could hurt the trustworthiness of the protected person, especially if they are going after the order against the defendant. The court might think that the protected person is being dishonest, making it harder for them to get an AVO in the future.
- If the person who is being protected keeps breaching an AVO, the police may stop watching them. This is because they might think the protected person needs to take the order seriously or use the AVO to get what they want.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.