What happens if you breach an AVO in NSW?

What happens if you breach an AVO in NSW?

Breach Apprehended Violence Order (AVO) In NSW, the offence of breaching an apprehended violence order (Breach AVO) carries a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units. In most cases a charge of Breach AVO alone doe snot result in a court sentencing a person to imprisonment on a full time basis.

Which is an example of a breach of an AVO?

Doing any one of those things constitute a breach of the AVO. AVOs may also contain additional orders that can be tailored to each individual circumstance. Examples of some of additional orders that can be put in place are: Not to contact the PINOP, except through a legal representative or for a particular reason;

What do you need to know about an AVO?

All AVOs must contain certain conditions, otherwise referred to as the ‘mandatory orders’. These orders prohibit the defendant in the AVO from assaulting, threatening, stalking, harassing, intimidating or destroying/damaging the property, of the person in need of protection. Doing any one of those things constitute a breach of the AVO.

What to do if someone breaches a parenting order?

The court has wide powers to deal with people who breach parenting orders. If the court finds a person breached an order without a reasonable excuse, it can: change the existing order—for example to compensate the other parent for any time lost with the children or to change other arrangements.

A person who has an AVO against them is not guilty of a criminal offence and so the AVO is not listed on their criminal record. However, breaching an AVO in NSW is a criminal offence. Upon breaching an AVO and being charged by the police, the police may arrest you or issue you with a Court Attendance Notice (CAN).

What happens if you breach the AVO in NSW?

An AVO breach is a criminal offence in NSW, carrying a jail sentence, fine, and a criminal record, prescribed in section 14 of the Crimes (Domestic and Personal Violence) Act (NSW). All AVOs contain specific conditions to protect a ‘person in need of protection’ (PINOP) named in the AVO.

Who was charged with breaching an AVO in 2011?

In 2011, actor Matthew Newton was charged with breaching an AVO after he repeatedly texted and called his ex-fiancée Rachael Taylor. The AVO had been taken out against him after allegations that he verbally, physically and mentally assaulted her during the course of their relationship.

What should the victim do after an AVO is made?

The victim should also make their own notes of the breach, for example in a diary, together with the name and station of the police officer they reported the breach to, and the police event number for the incident (also called the ‘E number’).

Is there a publication called the AVO breach diary?

Women’s Legal Service NSW has a publication called the AVO Breach Diary which can be used for recording breaches of AVOs. If police decide that there is enough evidence to create a reasonable suspicion that the defendant knowingly breached the AVO they have an obligation to charge the defendant.

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