Contravene AVO Apprehended Violence Orders
Contravene Apprehended Violence Order (AVO)
Breached an AVO?
If you have been charged with breaching an Apprehended Violence Order (AVO), this is a criminal offence under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007. The Courts consider this type of offence as very serious and you will have to go to Court. The maximum penalty for such an offence is a fine of up to $5,500 and/or up to two years imprisonment.
The reasons why the Courts view this offence so seriously are partly because there has been a breach of a Court order, and also because it has to do with threatening the safety of a vulnerable person in need of protection. If there is some act of violence against a person during this incident when the breach is alleged to have been committed, the Court will almost always consider such breaches more seriously, and a sentence of full time custody.
What the Prosecution/Police need to Prove?
Being a criminal offence, the Prosecution will need to prove the following elements beyond a reasonable doubt:
That you a contravened a prohibition or restriction as outlined in an AVO order made against you
That you knowingly committed the contravention. This means that you committed this breach intentionally, and not inadvertently
That you were in fact the person that committed the offence
What if the Protected Person approached me first?
There are many cases where it is in fact the Protected Person that initiates contact and approaches the Defendant first. This is a tricky and frustrating situation that requires detailed analysis of each case individually.
Generally speaking, if an AVO contains an order which prohibits contact, and if the Defendant continues the conversation with the protected person, and does not leave after the initial approach has been made, the Defendant may still be found guilty of breaching the AVO. This is despite the fact that the Protected Person has initiated the contact.
Lawyer Call here to help..
If you have been charged with an offence of Contravening an AVO, contact our office immediately on 1300 LAW 111 for a review of your matter. Our experienced Defence lawyers will guide you through the Court process, and together start working on the most beneficial legal strategy for you during this difficult time.