Contravene Apprehended Domestic Violence Order
The offence of Contravene Apprehended Domestic Violence Order is found in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which deems a person guilty if they knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person is guilty of the offence.
Charged With Breach of ADVO?
In New South Wales, contravening an Apprehended Violence Order (AVO) is considered a serious offense. A person who is subject to an AVO must comply with all conditions specified in the order. If they fail to adhere to any of these conditions, they can be charged with contravening the AVO.
For instance, if an AVO prohibits the individual from contacting or assaulting the protected person, and they violate this condition by engaging in any form of contact or assault, they can face charges for contravening the AVO.
Contravening an AVO can result in severe legal consequences, including criminal charges and penalties. It is essential for individuals subject to an AVO to understand and abide by all conditions outlined in the order to avoid potential legal repercussions.
Actions that may constitute a contravention of an Apprehended Violence Order (AVO) include:
- Stalking: Persistently following or monitoring the movements of the protected person.
- Harassing: Continuously bothering or causing distress to the protected person through various means such as phone calls, messages, or in-person encounters.
- Threatening: Making verbal or written threats towards the protected person, instilling fear or intimidation.
- Intimidating: Behaving in a manner intended to frighten or coerce the protected person.
- Damaging Property: Deliberately causing harm to the property of the protected person or a person with whom they have a domestic relationship, regardless of whether they were present at the time of the damage.
It’s important to note that any violation of the conditions outlined in an AVO can result in serious legal consequences. Therefore, it’s crucial for individuals subject to an AVO to fully understand and adhere to all the restrictions imposed by the order.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- That you were prohibited to act in a certain way under an Apprehended Violence Order;
- That you contravened that prohibition; and
- Did so knowing the prohibition was in place.
What are the maximum penalties for this offence?
The maximum penalties for Contravene Apprehended Domestic Violence Order in NSW is:
- Two years imprisonment and/or;
- Fine of $5,500.00
What are the Defences?
Defending against a charge of contravening an Apprehended Violence Order (AVO) requires a strategic approach tailored to the unique circumstances of your case. At Barsha Defence Lawyers, we understand the complexities involved in AVO matters and can provide expert legal guidance to protect your rights. Here are some possible defences to a contravention of an AVO charge:
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Necessity for Mediation: If contact with the protected person was necessary to attend court-ordered mediation sessions aimed at resolving disputes, this could serve as a defence.
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Compliance with Property Recovery Order: Contact with the protected person may be justified if it occurred in compliance with a property recovery order issued by a Magistrate, allowing for the retrieval of personal belongings.
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Lack of Awareness of AVO: If you were not served with a copy of the AVO or were unaware of its existence, especially if it was made in court without your presence, this could be a valid defence.
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Common Law Defences: Common law defences such as self-defence, necessity, duress, or accident may also apply depending on the circumstances of the contravention.
Navigating the legal intricacies of AVO matters requires the expertise of a skilled defence lawyer. Contact us today for a free consultation to discuss your case and explore your defence options.
Likely Penalties for Contravening an AVO
When facing charges of contravening an Apprehended Violence Order (AVO), it’s crucial to comprehend the potential penalties. Penalties vary depending on the severity of the breach and the specific circumstances of the offence.
- Minor Breaches:
Minor breaches, such as unintentional contact with the protected person, may lead to lesser penalties like fines or good behaviour bonds. In some instances, courts may opt for sentencing without recording a conviction. - Moderate Breaches:
Breaches involving non-violent contact or communication, such as responding to a text message, may result in more significant penalties. These could include fines or community-based orders like an Intensive Corrections Order or Community Corrections Order. - Serious Breaches:
Acts of violence or threats against the protected person are deemed serious breaches and may lead to harsher penalties. Section 14(4) of the Act stipulates that if the contravention involves violence and the offender is over 18, imprisonment is likely, unless the court decides otherwise.
Consider Your Legal Options
Courts consider various factors when determining penalties, including the nature of the breach, prior criminal history, and mitigating/aggravating circumstances. Seeking legal advice from experienced defence lawyers is crucial to understanding your options and defending your rights effectively.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Facing Charges for Contravening an Apprehended Domestic Violence Order (ADVO)?
Being accused of contravening an Apprehended Domestic Violence Order (ADVO) is a serious matter that requires immediate legal attention. At Barsha Defence Lawyers, we specialize in providing robust defence strategies for individuals facing ADVO contravention charges. Our experienced team understands the complexities of these cases and is committed to protecting your rights. With our comprehensive legal support, you can navigate the legal process with confidence and work towards a positive outcome. Don’t face these charges alone – reach out to us today to schedule your first free consultation. Let us help you defend your rights and pursue the best possible outcome for your case.