In the state of New South Wales, an AVO is a Court Order which is made pursuant to the ‘Crimes (Domestic and Personal Violence) Act 2007’with the object of protecting a Person In Need Of Protection (PINOP) from any harassment, intimidation, and or violence.
AVO applications in New South Wales can be made by the police or they can also be personally made by the person.
The person who applies for the AVO is commonly known as the ‘Applicant’ and the other party who the AVO is made against is known as the ‘Defendant.’
Contravening an AVO is a very serious offence, this is because an AVO is a Court Order and a breach of an AVO is a breach of a Court Order.
The offence of Contravening an AVO carries a Maximum Penalty of 2 years Imprisonment and/or a fine of $5,500.
To be found guilty of the offence of contravening an AVO, it should be noted that the Police Prosecution must prove the following elements beyond a reasonable doubt:
- You Contravened a Prohibition or Restriction specified in an Apprehended Violence Order made against you; and
- The Contravention was done or made knowingly.
If the police prosecution cannot prove any of the above-mentioned elements beyond a reasonable doubt, then you will be found not guilty of this offence.
It should also be noted that if the police prosecution are successful in proving all of the above-mentioned elements beyond a reasonable doubt then you will be found guilty of this offence and your matter will then proceed to sentence where the court will hand down an appropriate penalty by having regard to the circumstances of the contravention of the AVO, your age, good character, whether this was your first offence and many other factors.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 23rd June 2022.
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