Breaching an AVO or DVO is a criminal offence in every Australian state and territory, even if the breach was accidental or the protected person made contact first. Police can arrest you immediately or issue a court attendance notice, and penalties range from fines to imprisonment depending on severity and any prior breaches.
In Australia, breaching an Apprehended Violence Order (AVO) or Domestic Violence Order (DVO) is treated as a serious offence under Criminal Law. These orders are designed to protect individuals from harm, harassment, or intimidation, and failing to comply with their conditions can lead to severe legal consequences.
Whether the breach was intentional or accidental, the courts take a strict approach. Understanding what happens next is crucial if you find yourself in this situation – a domestic violence lawyer can advise you on your specific circumstances before you take any further action.
Understanding AVOs and DVOs
An AVO or DVO is a court-issued order that restricts a person (the defendant) from engaging in certain behaviours towards another person (the protected person). These behaviours may include:
- Contacting or approaching the protected person
- Attending certain locations, such as their home or workplace
- Engaging in threatening or abusive conduct
While terminology differs between states – for example, AVOs and DVOs are named differently depending on where you live – the purpose remains the same: protection and prevention.
What Constitutes a Breach?
A breach occurs when you fail to comply with any condition listed in the order. Common examples include:
- Sending text messages or making phone calls
- Approaching the protected person in public
- Posting about them on social media
- Asking a third party to contact them on your behalf
Even if the protected person initiates contact, responding can still result in a breach. Under Australian Criminal Law, responsibility lies with the person bound by the order.
Is Breaching an AVO or DVO a Criminal Offence?
Yes – breaching an AVO or DVO is a criminal offence across all Australian states and territories.
Once a breach is reported, police may:
- Arrest you immediately
- Issue a court attendance notice
- Apply for stricter conditions
The matter will then proceed through the criminal court system, where penalties are determined.
Penalties for Breaching an AVO or DVO
Penalties vary depending on the state, severity of the breach, and whether it is a repeat offence. However, under Australian Criminal Law, consequences can include:
- Fines – for less serious breaches, courts may impose financial penalties, often accompanied by other consequences
- Criminal record – a conviction will likely result in a criminal record, which can affect employment opportunities, travel and visa applications, and professional licences
- Imprisonment – serious or repeated breaches can lead to jail time, with maximum penalties in some states reaching several years
- Stricter orders – the court may impose more restrictive conditions, making daily life significantly more limited
Factors the Court Considers
When determining penalties, the court will assess several factors:
- Whether the breach was intentional
- The nature and seriousness of the conduct
- Any history of previous breaches
- The impact on the protected person
- Whether violence or threats were involved
Demonstrating remorse and cooperation can influence the outcome, but it does not guarantee leniency.
What If the Breach Was Accidental?
Many people assume that an accidental breach will not result in charges – this is not always the case.
For example, unknowingly attending the same venue or replying to a message may still constitute a breach. Australian Criminal Law focuses on whether the order was breached, not solely on intent. However, lack of intent may be considered during sentencing.
Legal Defences for Breaching an Order
While breaching an AVO or DVO is serious, there may be legal defences available, such as:
- The order was unclear or ambiguous
- You were unaware of the order’s existence
- The alleged breach did not actually occur
- There is insufficient evidence
Each case is unique, so obtaining legal advice is essential to determine the best course of action.
What Should You Do If You’ve Breached an AVO or DVO?
If you believe you have breached an order, taking immediate action is critical:
- Seek legal advice – consult a qualified criminal lawyer who specialises in Australian Criminal Law; early advice can significantly affect your case outcome
- Avoid further contact – do not attempt to contact the protected person again, even to apologise
- Comply fully with the order – strictly follow all conditions moving forward to avoid additional charges
- Prepare for court – gather any relevant evidence and be ready to present your case clearly
Long-Term Consequences
A breach conviction can have lasting effects beyond immediate penalties, including difficulty securing employment, restrictions on international travel, and damage to personal and professional reputation. This is why courts treat breaches seriously – they are not merely procedural offences but matters involving personal safety.
How to Avoid Breaching an AVO or DVO
Prevention is always better than facing legal consequences. To stay compliant:
- Read and understand every condition of the order
- Avoid situations where accidental contact may occur
- Block communication channels if necessary
- Seek clarification from your lawyer if unsure
Useful Resources
Breaching an AVO or DVO in Australia is not something to take lightly. Under Criminal Law, even minor violations can escalate into serious legal issues with long-term consequences.
Understanding your obligations and acting cautiously can help you avoid unnecessary complications. If a breach occurs, acting quickly and seeking professional legal advice is the best way to protect your future.
Facing an AVO or DVO issue?
Speak with an experienced Criminal Law professional. Contact New South Lawyers today to understand your rights and protect your record.