Apprehended Violence Orders are often unfair, unnecessary and based on untrue allegations. Conditions imposed by Apprehended Violence Orders can be extremely onerous and include people not being allowed to contact their partners, children, and other family members. There are also prohibitions on people going to their own homes.
Where an AVO is made against you and you are accused of breaching the AVO, you will be charged with a criminal offence. If you are found guilty you may be subject to considerable penalties, including prison and a criminal record. Fortunately our criminal lawyers have a proven track record of keeping our clients out of jail with not guilty verdicts and also having no conviction recorded where our clients plead guilty.
What is an Apprehended Violence Order?
An AVO is an order made by a court against a person who makes another (known as the person in need of protection or PINOP) fear intimidation, harassment or for their safety. All Apprehended Violence Orders provide a Defendant must not:
- Assault or threaten the PINOP,
- Stalk, harass or intimidate the PINOP, and
- Deliberately or recklessly destroy or damage anything that belongs to the PINOP.
Additional orders can be sought that state the Defendant is:
- No longer allowed to reside at the family home
- Not allowed to contact the protected person except through the use of a lawyer,
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and locate the Protected Person.
How do I beat a charge of contravening an Apprehended Violence Order?
You will be found not guilty of contravening an Apprehended Violence Order if the police cannot prove beyond reasonable doubt that you:
- Were prohibited to act in a certain way under an Apprehended Violence Order; and
- Contravened that prohibition; and
- Did so knowing the prohibition was in place.
What happens if I contravene an AVO?
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
The maximum penalty for breaching an Apprehended Violence Order is a fine of $5500.00 and/or two years imprisonment. These penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Contravening an AVO offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your Contravening an AVO charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.