​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Consequences of breaching an Apprehended Violence Order

    ​Breach of an AVO

    As a defendant, you will breach an Apprehended Violence Order (AVO) if you do something that the AVO says you are not allowed to do.

    If you breach an AVO the police have the power to arrest and charge you with the criminal offence of contravening the AVO (breaching the AVO). You could also be charged with other criminal offences, such as assault or malicious damage. This will mean that you will have to go to court to answer the criminal charges.

    Alert IconYou can't be charged with breaching an AVO if you have not been served with a Provisional, Interim or Final AVO (unless you were in court when the order was made). ​

    Penalties for breach

    If you breach an AVO you may be arrested and charged with contravening the AVO. The police may give you a Court Attendance Notice and you will have to attend court.

    A breach of an AVO is a criminal offence. If the court convicts you of breaching an AVO, you can be fined $5,500 and/or imprisoned for up to two years. If the breach involves violence, it is considered a serious offence and there is a strong chance you will be sent to prison.

    Any conviction will appear on your criminal record.

    If you have been charged with a criminal offence, you should get legal advice.

    For more information about facing a charge in court, see the  Driving offences and crime topic.

    Accidental breaches

    In certain circumstances you may find that you have accidentally breached the terms of an AVO, for example, if you enter a building without knowing the protected person is inside.

    If you do something that an AVO says you can't do, the police may decide to charge you with the offence of contravening an AVO. However, you can't be found guilty of contravening an AVO unless you knowingly do something that an AVO says you are not allowed to do.

    If you have been charged with breaching an AVO, you should get legal advice.

    Sometimes a protected person may call you or ask you to meet somewhere. If the AVO states that you are not to contact the protected person, you can still be charged with breaching the AVO even though the protected person starts the contact.

    Alert IconIf the protected person wants you to do something that the AVO restricts you from doing, you should get legal advice.

    Case study

    Case study - Lino and DanielCase study icon

    Lino has an ADVO against Daniel for two years. The ADVO says that Daniel must not:

    1. a. Assault, molest, harass, threaten or otherwise interfere with the protected person or a person with whom the protected person has ​a domestic relationship,

    b. Engage in any other conduct that intimidates the protected person or a person with whom the protected person has a domestic relationship,

    c. Stalk the protected person or a person with whom the protected person has a domestic relationship.

    4. Go within 200 metres of the premises where the protected person may from time to time reside or work, or other specified premises.

    Over the last month, Lino has noticed Daniel standing across the road, watching his house. Last night, Lino thought he saw Daniel in his front yard and he called the Police. 

    The Police found Daniel hiding in Lino's neighbour's yard.​

    In this case, the police can arrest Daniel for breaching conditions 1 and 4 of the ADVO. The police may charge Daniel with a criminal offence, and he will have to go to court to answer the charges. If Daniel is convicted of the offence he can be fined or imprisoned or both.

    If Daniel does not plead guilty to the charge of breaching the AVO, at the hearing the prosecutor will have to prove beyond a reasonable doubt that he breached the AVO and intended to breach the AVO. ​