Contravene AVO is an offence where there is a breach of an Apprehended Personal Violence Order (APVO) or Apprehended Domestic Violence Order (ADVO) Order. It is crucial to note that an AVO must be enforceable at the time of the breach. This enforceability extends to provisional and/or interim AVOs, not just final orders, and it does not require the individual’s consent. A person must also ‘knowingly’ breach the order, this will typically although not always relate to issues of service and/or continuations of orders.
The court views this charge as a very serious matter which is heightened by the view that the offence is a breach of a court order or a promise to the court. When the breach involves violence, the law mandates a stringent view, stipulating that unless there is good reason not to do so the person must be sentenced to imprisonment.
Accompanying Charges
While the charge of Contravene AVO can stand alone, it is often accompanied by other charges such as:
These additional charges are common but not necessary for the primary charge of Contravene AVO.
Statutory Provision
The offence of Contravene Apprehended Violence Order is set out in Section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007, which states:
“A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.”
What is the penalty?
The maximum penalty for contravene an Apprehended Violence Order is a maximum fine of $5, 5000 (50 penalty units) and/or two years imprisonment.
Options – Pleading Guilty / Pleading Not Guilty to Contravene AVO
Plea of NOT Guilty
To secure a conviction for contravention of an Apprehended Violence Order (AVO), the prosecution must prove the following elements beyond a reasonable doubt:
- Contravention of AVO: You contravened a prohibition or restriction specified in an AVO made against you.
- Knowingly: The contravention was done or made knowingly.
If either of these elements is not proven beyond a reasonable doubt, then you will be found not guilty of the offence. If you decide to plead not guilty to the offence, a hearing date will be set in the future for the matter to be determined.
Possible Defences
Even if the prosecution can establish the necessary elements beyond a reasonable doubt, you may still be found not guilty if you can successfully establish any of the following defences:
- Duress: If you were compelled to contravene the AVO due to threats of immediate harm.
- Necessity: If the contravention was necessary to prevent greater harm.
- Self-Defence: If you contravened the AVO while defending yourself or another person from harm.
- Lack of Knowledge: If you did not have knowledge about the order or was never served a copy of the order
- Invalid Order
Plea of Guilty
If you agree with the allegations made by the Police and you had knowledge of the order, you should strongly consider pleading guilty to the offence. Pleading Guilty early has a number of advantages including showing the court that you are accepting of your wrongdoing and you are taking responsibility for your actions. Pleading guilty early also typically entitles you to a discount on your sentence, this reduction is based on the acceptance and acknowledgement by the court that you are saving the court time and resources.
If you have any questions or need further assistance, please do not hesitate to contact us.