An Apprehended Violence Order (AVO) is a legal order issued by the court to protect a person from violence, threats, harassment, and intimidation. It is designed to prevent further harm to the victim and to ensure their safety. There are two types of AVOs in New South Wales: Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO). An ADVO is issued when the victim has a domestic relationship with the perpetrator, such as a spouse, de facto partner, family member, or someone they are in a domestic or intimate relationship with. On the other hand, an APVO is issued when the victim does not have a domestic relationship with the perpetrator, such as a neighbour, colleague, or stranger.
An AVO can include various conditions such as prohibiting the perpetrator from approaching or contacting the victim, excluding them from the victim’s residence or workplace, and preventing them from stalking or intimidating the victim. Breaching an AVO is a serious offence and can result in legal consequences for the perpetrator. It is important for both victims and perpetrators to understand the implications of breaching an AVO and the legal consequences that may follow.
The offense of contravening an apprehended violence order is detailed in Section 14 of the CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007:
Offence of contravening apprehended violence order
(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
: Maximum penalty–Imprisonment for 2 years or 50 penalty units ($5,500), or both.
(2) A person is not guilty of an offence against subsection (1) unless–
(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or
(b) in any other case, the person was served with a copy of the apprehended violence order.
(3) A person is not guilty of an offence against subsection (1) if the contravention of the prohibition or restriction concerned–
(a) was necessary in order to attend mediation under section 21 of the Act, or
(b) was done in compliance with the terms of a property recovery order.
(4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.
(5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.
(6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.
(7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) if the person is a protected person under the order concerned.
(8) A police officer is to make a written record of the reasons for–
(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1) or (9) (whether or not the person is arrested), or
(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1) or (9),
if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.
(9) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
There are several ways in which an AVO can be breached, and it is important for both victims and perpetrators to be aware of these breaches. Some common types of AVO breaches include contacting the victim directly or indirectly, such as through phone calls, text messages, social media, or third parties. This also includes approaching the victim in person or attending their residence or workplace. Another type of breach is stalking or intimidating the victim, which can include following them, watching or loitering near their home or workplace, or engaging in behaviour that causes fear or distress to the victim.
Other breaches may include damaging the victim’s property, such as their car or belongings, or causing harm to their pets. It is important for perpetrators to understand that any form of contact or harassment towards the victim, whether direct or indirect, is a breach of the AVO. Victims should also be aware of these breaches and report any violations to the authorities to ensure their safety and protection.
Breaching an AVO is a criminal offence and can result in serious legal consequences for the perpetrator. In New South Wales, the maximum penalty for breaching an AVO is two years imprisonment and/or a fine of up to $5,500 for a first offence. For subsequent offences, the penalties can be even more severe. The court takes AVO breaches very seriously and may impose strict penalties to deter perpetrators from further violating the order.
In addition to criminal charges, breaching an AVO can also have other legal consequences such as affecting child custody arrangements, employment opportunities, and immigration status. It is important for perpetrators to understand the gravity of breaching an AVO and the potential impact it can have on their lives. Victims should also be aware of their rights and the legal options available to them if the AVO is breached. Seeking legal advice and reporting any breaches to the police is crucial in ensuring their safety and protection.
| Statistics | Data |
|---|---|
| Number of reported domestic violence incidents | 28,291 |
| Percentage of domestic violence incidents involving female victims | 76% |
| Percentage of domestic violence incidents involving male victims | 24% |
| Number of domestic violence-related homicides | 68 |
| Percentage of domestic violence incidents involving intimate partner violence | 85% |
Domestic violence is a pervasive issue in New South Wales, affecting individuals and families across all communities. It encompasses a range of abusive behaviours including physical, emotional, psychological, sexual, and financial abuse. Domestic violence can have devastating effects on victims, causing physical injuries, emotional trauma, and long-term psychological harm. It can also impact children who witness or experience domestic violence, leading to behavioural problems, academic difficulties, and emotional distress.
In NSW, domestic violence is a crime and is taken very seriously by the authorities. The government has implemented various initiatives and support services to address domestic violence and provide assistance to victims. It is important for individuals to recognise the signs of domestic violence and seek help if they are experiencing abuse. Understanding the dynamics of domestic violence and its impact on victims is crucial in addressing this issue and creating a safer community for everyone.
Victims of domestic violence in NSW have access to a range of support services and resources to help them navigate through their experiences and seek assistance. These services include crisis hotlines, counselling and support groups, emergency accommodation, legal advice, financial assistance, and safety planning. There are also specialised services for specific groups such as Indigenous communities, culturally and linguistically diverse communities, LGBTQI individuals, and people with disabilities.
The NSW government has also established initiatives such as the Domestic Violence Disclosure Scheme (DVDS) which allows individuals to enquire about their partner’s history of domestic violence. This initiative aims to empower individuals with information that can help them make informed decisions about their safety and wellbeing. It is important for victims to reach out for support and access these resources to ensure their safety and protection from domestic violence.
Victims of domestic violence in NSW have legal options available to them to seek protection and justice. One of the main legal options is obtaining an AVO against the perpetrator, which can provide immediate protection by imposing conditions that restrict the perpetrator’s behaviour and contact with the victim. Victims can also seek legal assistance to pursue criminal charges against the perpetrator for any acts of violence or abuse.
In addition, victims may also consider seeking family law advice to address issues such as child custody arrangements, property settlements, and financial support. Legal aid services are available to provide free legal advice and representation to victims who may not be able to afford private legal assistance. It is important for victims to understand their legal rights and options and seek support from legal professionals who specialise in domestic violence matters.
Reporting AVO breaches is crucial in ensuring the safety and protection of victims from further harm. If a victim believes that the perpetrator has breached the AVO, they should immediately contact the police and provide details of the breach. It is important for victims to document any evidence of the breach such as text messages, emails, voicemails, or witness statements.
The police will investigate the breach and take appropriate action against the perpetrator if there is sufficient evidence. Victims should also seek legal advice to understand their rights and options in dealing with AVO breaches. It is important for perpetrators to understand that breaching an AVO is a serious offence with severe legal consequences. By reporting breaches to the authorities, victims can take proactive steps in ensuring their safety and holding perpetrators accountable for their actions.
In conclusion, understanding AVOs, domestic violence, legal consequences for breaches, support resources for victims, legal options for victims, and how to report AVO breaches are crucial aspects in addressing domestic violence in New South Wales. It is important for both victims and perpetrators to be aware of their rights and responsibilities in dealing with AVOs and domestic violence. By seeking support from relevant services and reporting any breaches to the authorities, victims can take proactive steps in ensuring their safety and protection from further harm. Similarly, perpetrators should understand the gravity of breaching an AVO and seek help to address any underlying issues that may contribute to their abusive behaviour. Ultimately, creating a safer community for everyone requires collective efforts from individuals, communities, and authorities in addressing domestic violence effectively.
If you’re interested in learning more about staying on the right side of the law in Australia, you might find the article on probation violations by Jones Hardy Law insightful. Understanding the legal implications of probation breaches is crucial, especially in cases related to domestic violence and AVO breaches. To delve deeper into this topic, check out their article “Probation Violations in Australia: Staying on the Right Side of the Law”. It provides valuable information that can help individuals navigate the complexities of the legal system.
Domestic violence refers to a pattern of abusive behavior in a relationship that is used by one partner to gain or maintain control over another partner. This can include physical, emotional, psychological, sexual, or financial abuse.
An Apprehended Violence Order (AVO) is a legal order issued by the court to protect a person from another person who has been violent, threatening, or intimidating towards them. It sets out conditions to protect the person at risk and can include restrictions on contact, behavior, and residence.
An AVO breach occurs when the person bound by the AVO fails to comply with the conditions set out in the order. This can include contacting the protected person, going to their residence or workplace, or engaging in behavior that is prohibited by the AVO.
Breaching an AVO is a criminal offense and can result in serious consequences, including fines, imprisonment, and a criminal record. The penalties for breaching an AVO can vary depending on the severity of the breach and the circumstances of the case.
If you are experiencing domestic violence or AVO breaches, it is important to seek help and support. You can contact the police, a domestic violence support service, or a legal aid organization for assistance. It is important to take steps to protect your safety and well-being.
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