Breach of AVO in NSW
If you’ve been charged with breaching an Apprehended Violence Order (AVO) in NSW, it’s important to understand the penalties, legal options, and how an experienced criminal defence lawyer can assist.
A breach of an AVO is a serious offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The consequences can include a criminal conviction, fines, or even imprisonment — especially if the breach involved violence or threats.
What Is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is a court order issued to protect a person from violence, threats, stalking, or intimidation. It places legal restrictions on the defendant’s behaviour to help ensure the safety of the protected person.
There are two types of AVOs in New South Wales:
- ADVO – Apprehended Domestic Violence Order: for family members, partners, or people in domestic relationships
- APVO – Apprehended Personal Violence Order: for non-domestic situations, such as neighbours, co-workers, or acquaintances
Mandatory Conditions of an AVO
All AVOs contain Condition 1, which prohibits the defendant from:
- Assaulting or threatening the protected person
- Stalking, harassing, or intimidating them
- Intentionally or recklessly destroying property or harming an animal that belongs to them
Additional AVO Conditions
The Court may also impose further conditions, such as preventing the defendant from:
- Contacting the protected person (directly or indirectly)
- Approaching their home, workplace, or school
- Being in their presence while under the influence of alcohol or illicit drugs
Breaching any condition of an AVO is a serious criminal offence and may result in arrest, court proceedings, and potential penalties — including imprisonment.
Offences and Penalties of breach of AVO Offences in NSW
Recent amendments to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) have introduced two new breach offences under section 14, creating a tiered system of penalties based on the severity of the conduct.
Standard Breach
Offence: Knowingly contravening any condition of an Apprehended Violence Order (AVO).
Maximum Penalty: 2 years imprisonment and/or $5,500 fine.
Intentional Breach
Offence: Breaching an AVO with the intention to cause the protected person physical or mental harm, or to cause them fear.
Maximum Penalty: 3 years imprisonment and/or $11,000 fine.
Persistent Breach
Offence: Committing three or more AVO breaches within 28 days, where a reasonable person would believe the conduct could cause harm or fear.
Maximum Penalty: 5 years imprisonment and/or $16,500 fine.
It is common for a breach of an AVO to occur alongside the commission of other criminal offences — such as common assault, property damage, or intimidation — which will also be charged and prosecuted.
AVO breach Sentences
Between January 2021 and December 2024, 24,682 offenders were sentenced in NSW Local Courts for standard breach AVO offence, according to BOCSAR data.
17.3% received custodial sentences, reflecting how seriously the courts treat breaches of AVOs.
Need Help with a Breach of AVO Charge?
If you’ve been charged with breaching an Apprehended Violence Order (AVO), it’s critical to seek legal advice early. Our experienced criminal defence lawyers can assess your case, advise you on your options, and help you achieve the best possible outcome.
Contact AMA Legal Today for a Free Consultation
RELATED ⇒ What is ADVO?
An Apprehended Domestic Violence Order (ADVO) is a court order designed to protect someone from violence, threats, or intimidation by a partner, ex-partner, or family member.
Learn more about what is an ADVO and how it works in NSW.
RELATED ⇒ Sentencing Offenders in NSW
In New South Wales, sentencing is governed by the Crimes (Sentencing Procedure) Act 1999, which outlines various options ranging from dismissals and fines to community-based orders and imprisonment.
Criminal law representation is strongly suggested when appearing for sentence.
