UNDERSTANDING THE OFFENCE OF ‘BREACH OF AN AVO’ in NSW

on August 19, 2025

Breaching an Apprehended Violence Order (AVO) is a serious criminal offence in New South Wales (NSW) that occurs when a person violates the conditions of an AVO, compromising the safety of the protected person. This offence carries significant penalties, including imprisonment, fines, and a criminal record that can impact employment, travel, and reputation. Understanding the offence of breaching an AVO is crucial for anyone subject to such an order or facing allegations, as it underscores the importance of expert legal representation to navigate the legal system effectively. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against breach of AVO and related charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

In this article, we explore everything you need to know about the offence of breaching an AVO in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges.

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of Breach of an AVO in NSW?

The offence of breaching an AVO is defined under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). An AVO is a court-issued order designed to protect individuals from violence, harassment, or intimidation by imposing restrictions on a person’s (the defendant’s) behaviour. Breaching an AVO occurs when the defendant knowingly or recklessly violates any condition of the order, such as contacting the protected person or approaching their home or workplace.

There are two types of AVOs in NSW:

  1. Apprehended Domestic Violence Order (ADVO): Applies to domestic relationships, such as partners, ex-partners, family members, or housemates.
  2. Apprehended Personal Violence Order (APVO): Applies to non-domestic relationships, such as neighbours, colleagues, or strangers.

To secure a conviction for breaching an AVO, the prosecution must prove beyond a reasonable doubt:

  1. Existence of an AVO: A valid AVO (provisional, interim, or final) was in place against the defendant.
  2. Breach of Condition: The defendant violated a specific condition of the AVO (e.g., contacting the protected person).
  3. Knowledge or Recklessness: The defendant knew about the AVO or was reckless about complying with its conditions.
  4. Unlawful: The breach was not authorised or justified (e.g., no legal exception like court-ordered contact).

Breach cases are typically prosecuted as summary offences in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown), but aggravated breaches which are accompanied with more serious charges may escalate to the District Court.

Examples of Breaching an AVO

  • Contacting the Protected Person: Sending a text message or calling despite a no-contact condition.
  • Approaching Restricted Areas: Visiting the protected person’s home or workplace in violation of proximity restrictions.
  • Threats or Harassment: Posting threatening messages on social media targeting the protected person.
  • Property Damage: Damaging the protected person’s property, breaching mandatory conditions.
  • Third-Party Contact: Asking a friend to contact the protected person on your behalf.

These examples highlight how even minor actions can constitute a breach, making legal advice critical.

Related Offences

Breaching an AVO is often charged alongside or instead of related offences:

  • Common Assault (section 61, Crimes Act 1900): Assault without injury, with up to 2 years imprisonment.
  • Stalking or Intimidation (section 13, Crimes Act 1900): Causing fear through persistent behaviour, with up to 5 years imprisonment.
  • Property Damage (section 195, Crimes Act 1900): Damaging property, with up to 5 years imprisonment.
  • Affray (section 93C, Crimes Act 1900): Public violence causing fear, with up to 10 years imprisonment.
  • Contravention of AVO with Intent to Cause Harm (section 14(3)): Breaching with intent to harm, with up to 7 years imprisonment.

Penalties for Breaching an AVO in NSW

The penalties for breaching an AVO are significant, reflecting the need to protect individuals from harm. Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, the penalties are:

  • Basic Breach:
    • Imprisonment: Up to 2 years.
    • Fine: Up to $5,500 (50 penalty units).
  • Breach with Intent to Cause Harm (section 14(3)):
    • Imprisonment: Up to 7 years.
    • Fine: Up to $5,500.
  • Local Court: Most breaches are handled summarily, with up to 2 years imprisonment and/or a $5,500 fine.
  • District Court: Aggravated breaches (e.g., involving violence or intent to harm) may carry the full 7-year penalty.
  • Non-Conviction Outcomes: In minor cases, courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
  • Additional Orders: Courts may impose stricter AVO conditions or a new AVO following a breach.

Additional Consequences

A conviction for breaching an AVO can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., security, education, or government).
  • Travel: Countries like the USA and Canada may deny entry for violence-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially in domestic cases.
  • Civil Liability: The protected person may seek compensation for emotional distress or property damage.
  • Further AVOs: A breach may lead to a new or extended AVO with stricter conditions.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Causing actual harm, breaching during a domestic dispute, or repeated breaches.
  • Mitigating Factors: First-time breach, genuine remorse, accidental breach, or cooperation with police.

Conditions of an AVO

AVOs include mandatory and additional conditions under the Crimes (Domestic and Personal Violence) Act 2007:

  • Mandatory Conditions (section 36):
    • The defendant must not assault, threaten, stalk, harass, or intimidate the protected person or anyone they have a domestic relationship with.
    • The defendant must not intentionally or recklessly damage the protected person’s property.
  • Additional Conditions:
    • No Contact: Prohibiting phone calls, texts, emails, or social media contact.
    • Proximity Restrictions: Banning the defendant from approaching within a certain distance of the protected person’s home, workplace, or school.
    • Residence Restrictions: Preventing entry to the protected person’s home.
    • Weapons Restrictions: Prohibiting possession of firearms or other weapons.
    • Alcohol or Drug Restrictions: Barring contact while under the influence.

Example: An ADVO may prohibit an ex-partner from contacting the protected person or approaching their workplace, with a breach occurring if they send a text message.

How a Sydney Criminal Defence Lawyer Defends a Breach of AVO Charge

A Sydney criminal defence lawyer employs various strategies to defend against a breach of AVO charge, from challenging evidence to negotiating outcomes. Below are some approaches:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the breach was knowing or reckless. A lawyer will scrutinise:

  • Evidence of Breach: Review messages, CCTV, or witness statements to confirm the breach occurred.
  • AVO Conditions: Verify the AVO was valid and the defendant was aware of its conditions.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

2. Challenging Intent or Knowledge

A lawyer can argue:

  • The breach was unintentional (e.g., accidental contact in a public place).
  • The defendant was unaware of the AVO or its specific conditions.
  • The conduct did not violate the AVO (e.g., a neutral message not constituting harassment).

3. Raising Legal Defences

Several defences can be raised:

  • Lack of Intent: The breach was accidental (e.g., unintentional contact).
  • Mistake of Fact: The defendant reasonably believed they were complying with the AVO (section 9, Criminal Procedure Act 1986).
  • Duress: The defendant was coerced into breaching the AVO under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade a breach to a lesser offence, like offensive conduct (section 4, Summary Offences Act 1988).
  • Amend Facts: Negotiate with police to amend the police fact sheet to remove aggravating factors, like alleged intent to harm.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as stalking (section 13).

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing Favourable Outcomes

A lawyer can advocate for any of the following outcomes:

  • Section 10(1)(a) Dismissal: No conviction or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with good behaviour conditions for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present:

  • Character References: Letters attesting to your good character.
  • Remorse: Evidence of apologies or cooperation with police.
  • Rehabilitation: Completion of domestic violence or anger management programs.
  • Hardship: Impact of a conviction on employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh.
  • New evidence supports your innocence (e.g., proof of accidental contact).
  • Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a Breach of AVO Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as messages, CCTV, or witness statements.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or stricter AVO conditions.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a Breach of AVO Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect messages, witness statements, or other evidence to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologies or rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for breach of AVO, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes (Domestic and Personal Violence) Act 2007, Crimes Act 1900, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a breach of AVO charge disrupt your life. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Breaching an AVO is a serious offence in NSW, carrying penalties of up to 2 or 7 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, raising defences like lack of intent or mental health diversions, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a breach charge for accidental contact or more serious violations, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your breach of AVO charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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