What happens if you breach an AVO in NSW?
If it is alleged that someone has contravened an AVO, the Police will most likely arrest the person. The person will be served with a “Court Attendance Notice”, which details the nature of allegations and the date the matter is listed before the court.
It is important that you attend Court when required as you may be found guilty in your absence if you do not attend.
If you deny the allegations and enter a plea of “not guilty”, the matter will be listed for hearing on a future date.
Contravening or breaching an AVO is a serious criminal offence which is recorded on a criminal record. Penalties include up to two years imprisonment and/or a $5,500.00 fine. This means that the Court can order a person to serve a term of imprisonment AND fine the person up to $5,500.00.
What is an apprehended violence order (AVO)?
There are two (2) types of AVO’s;
- An Apprehended Domestic Violence Order (“ADVO”); and
- An Apprehended Personal Violence Order (“APVO”).
The person who the order is made to protect is called the “PINOP”, or the “Person in Need of Protection”.
The person who the order is made against is known as the “Defendant”.
The PINOP can either apply to the Chamber Magistrate or the Police may seek an order for their protection.
In circumstances which people are involved in a “domestic relationship” and criminal charges have been laid by police following an incident, such as allegations of a common assault or stalk/intimidate; the police will apply for ADVO.
A person may seek an order that someone not “harass or stalk” them, contact them, attend their residence or place of work, consume alcohol in their presence or within 12 hours prior, etc. These orders can also be extended to protect anyone with whom the PINOP is involved in a “domestic relationship”.
What is a Provisional Order?
These are orders made by Police and remain in force for 28 days or when the matter is listed before the Court for the first time
What is an Interim Order?
These are orders made by the Court and remain in force until final orders are made.
What are Final Orders?
As the term suggests, these are the final orders in an AVO. They can be made by consent (agreement between the PINOP and the Defendant) or following a “show cause hearing”. These orders can be made for any period up to five (5) years.
Need help regarding an AVO?
Our AVO lawyers can help.
