What A Charge of Breaching an AVO Means
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What is an AVO?
AVO stands for Apprehended Violence Order. Having an AVO does not mean you are guilty of a criminal offence; therefore, it is not recorded on your criminal history.
Yet, if you breach the orders on your AVO, the police may decide to charge you with contravening the AVO and any other criminal offences that resulted from the breach, for example, assault.
What are the penalties for breaching an AVO?
Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) deals with contravening an apprehended violence order and notes:
- A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
The maximum penalty for a breach is imprisonment for 2 years or a fine of $5,500, or both.
What are defences for breaching an AVO?
The person seeking protection under an AVO cannot consent to your breach.
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of breaching an AVO if:
- Your actions do not equate to a breach of the AVO
- There was no AVO in force at the time of the alleged breach
Options when charged with breaching an AVO
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of breaching an AVO is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in AVO related charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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