Sydney AVO Lawyers

Regardless of whether the AVO is domestic or personal, every AVO includes the following ‘mandatory’ condition:

1. The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
2. assault or threaten them,
3. stalk, harass or intimidate them, or
4. intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

Depending on the circumstances that give rise to the order, additional conditions may be sought by the police to protect the ‘person in need of protection’. These conditions can restrict someone from approaching the ‘protected person’ or contacting them in any way. They can also prohibit the defendant from attending the ‘protected person’s’ home or work.

The offence of breaching an Apprehended Violence Order (AVO) is contained in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). A person commits this offence if they knowingly contravene any prohibition or restriction specified in an AVO made against them. Breach of an AVO is a criminal offence and can result in serious penalties.

A person cannot be found guilty of breaching an AVO unless the prosecution can establish that they were aware of the existence of the order. This requirement is satisfied where the person was personally served with a copy of the AVO, or was present in court when the order was made. If neither of these applies, an essential element of the offence may not be established.

To be found guilty of an offence of ‘contravene prohibition or restriction in an apprehended violence order’ the police must prove each of the following, beyond reasonable doubt:

1. That you were the defendant named in an enforceable order, and
2. That you were served with a copy of the order before the alleged breach, and
3. That you were prohibited from certain conduct, and
4. That you committed conduct that was prohibited.

In domestic related matters, police commonly apply for an Apprehended Violence Order (AVO) on behalf of the protected person. Police do not require the consent of the protected person to make such an application and may proceed even where the protected person does not wish for an AVO to be in place.

If a protected person seeks to withdraw an AVO or vary its conditions, an application must be made to the court. Where the AVO has been initiated by police, the views of the protected person will be considered, but they are not determinative. The court must assess all relevant circumstances when deciding whether an AVO should be varied or revoked.

A protected person may lodge an application to vary or revoke an AVO; however, the mere filing of such an application does not guarantee that it will be granted. Where police are the applicants, they may oppose the application and are entitled to place their concerns before the court.