Can You Go to Jail for AVO: 5 Things You Need to Know

Can you go to jail for AVO? The likelihood of a defendant going to jail for AVO depends on whether there is a significant breach of the order, like the presence of violence.

You can also be charged if you commit consecutive minor offences that go against the conditions stipulated in the order.

All AVOs have conditions designed to protect the "person in need of protection" (PINOP) enlisted therein. If the defendant in an AVO doesn't follow one or more terms, this will be seen as a violation of the conditions.

Section 14(4) of the Crimes (Domestic and Personal Violence) Act mandates the judge or magistrate of the Court to sentence a defendant to jail time if they broke an AVO by acting violently against a protected person and others listed in the order.

If you have been served an AVO and are trying to avoid possible jail time, here are five (5) things you should remember:

Can You Go to Jail for AVO Disobedience?

Yes. You can go to jail for AVO disobedience. If you knowingly conduct something that the AVO prohibits, the police can arrest and charge you with the criminal offence of contravening the AVO (breaching the AVO) and other criminal offences like assault, violence, discharge of a firearm, etc.

It is important to note that you can't be found guilty of breaking an AVO in the following situations:

  • Absence of Knowledge Defence: If the defendant didn't know they were breaking an AVO condition at the time, this defence applies.
  • Self-Defence: This applies if the defendant broke an AVO condition because they were acting in self-defence to protect himself, their property, or someone else.
  • Defence of not being served with the AVO papers: This applies if the defendant was not given a copy of the AVO papers, which list the conditions of the AVO. This is true even if the AVO was made in Court while the defendant was absent.
  • Mediation Defense: This defence is used if the defendant broke an avo condition while attending a mediation session ordered by the Court to settle the avo dispute.
  • Property Recovery Order Defense: This applies if the defendant broke an AVO condition while going to the property to get his or her things, as ordered by the Court in a property recovery order.

Can You Go to Jail for AVO if the Breach is Purely Accidental?

In some instances, you may find yourself unaware that you breached your Apprehended Violence Order (AVO) without meaning to.

For example, if you go to a place without knowing the protected person is inside, you may have done so by accident.

If you break your AVO by accident, the police may decide to charge you with breaking an AVO, which is a crime.

But you can't be found guilty of violating an AVO unless you do something on it that you know is against the law.

However, you should also know that there are instances when the protected person may call you or ask you to meet at a certain place and time.

If the AVO says you can't talk to the protected person, you can be charged with breaking the AVO even if the protected person makes the first move to talk to you.

You should talk to an AVO lawyer if you're accused of contravening an AVO.

What Do You Need to Prove to the Court as a Defendant Charged of Contravening an AVO to Avoid Conviction?

  • You did not breach any of the conditions stipulated in the AVO
  • If you did breach any of the conditions specified in the AVO, you were unaware of it and must have done accidentally

What Happens If a Defendant is Found Guilty of Contravening an AVO?

When someone breaks an Apprehended Violence Order (AVO), they can be arrested and charged with breaking the order.

You may receive a Court Attendance Notice and be required to appear in court.

If convicted, the consequences can include a fine of up to $5,500 and/or imprisonment for up to two years.

If the breach of the AVO also involves committing another crime, you can be punished separately for both offenses.

This means you can face penalties for the AVO breach and any crimes you are convicted of.

If the breach involves violence, the violation is considered particularly serious and can result in imprisonment if convicted.

It's important to note that any conviction for breaching an AVO will appear on your criminal record and may affect your ability to obtain specific jobs or pass a Working With Children Check.

It's crucial to take AVOs seriously and adhere to the conditions outlined to avoid legal consequences.

You should speak to an AVO lawyer if you are concerned about contravening an AVO.

What Happens if You Plead Guilty of Contravening an AVO?

If you agree that you did what you were accused of and the police can prove it, you should plead guilty.

You will usually get a shorter sentence, showing that you are sorry and you are remorseful about your actions.

Conclusion

Can you go to jail for AVO? You can go to jail for an AVO, however, it depends on whether there is a significant breach of the order, like the presence of violence.

You can also be charged if you commit consecutive minor offences that go against the conditions stipulated in the order.

If you are given an AVO and are then accused of breaking the AVO, you will be charged with a crime. If you are found guilty, you may face serious consequences, such as jail time and a criminal record.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.