Breaching an AVO
In the event that you breach an AVO, this is deemed to be a criminal offence and the police have powers to arrest (without a warrant) and charge you and bring you before the courts as soon as is practicably possible. Depending on the seriousness of the breach you may or may not be granted bail.
For the offence to be proven you must have intentionally breached the AVO, that is you must be aware that your behaviour is illegal. It is important to note also that even if the victim contributes to you breaching the AVO you will still be deemed to have committed a criminal offence.
Penalties for Breaching an AVO
Should you be found guilty of breaching an AVO the penalties that may be imposed are severe. Breaching an AVO carries a maximum penalty of 2 years imprisonment and or a fine of $5,500.00.
The Court has a duty to imprison you if the breach involves violence and you are 18 years of age or over. However, if the Court chooses not to imprison you then they must provide their reasons for failure to do so.
Experienced Criminal Lawyers
LAC Lawyers have a team of lawyers with the experience in criminal law cases that you need to get the best outcome. The following is a selection of our currently practicing criminal lawyers.
If you are facing an AVO, don't hesitate to call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Breaching an AVO Articles
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - GBH - Grevious Bodily Harm
Date: August 12, 2009
Author(s): LAC Lawyers
These offences are in effect a more serious assault. To have committed these offences what is required is an act of malice that causes the wound or the grievous bodily harm. Such an act would, however, in the ordinary course constitute an assault as well.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
Sports and the Law - Famous sports people are often the target of blackmailers
Date: January 28, 2009
Author(s): LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.