What Happens if the Victim Breaks the AVO? A Closer Look

What happens if the victim breaks the AVO? You must be wondering what would happen to the PINOP if they breach the AVO they filed.

AVOs restrict only the defendant's behavior. As we know, breaching an AVO is a criminal offence.

However, since the order is merely there to protect the protected person, they cannot breach the avo, as it does not affect them.

What If The AVO Was Violated With The Victim's Consent?

In the Code of Practice for the NSW Police Force response to domestic and family violence, it is said that an AVO cannot be breached by a defendant, even with the victim's consent.

Compliance with the order is always the defendant's responsibility.

A victim may apply to the court to remove a condition on an AVO or have the entire order revoked if they want the AVO removed.

It is important to note that protected persons named on an AVO are not liable for aiding and abetting the breach of it.

When an AVO is breached, the police are encouraged to charge the defendant.

Alternatively, the police may ask the court for a variation if they believe the relationship between the parties has changed and that different conditions should be placed on the AVO.

Applications may be filed to strengthen or remove conditions on order based on the circumstances.

Who Can File To Revoke or Vary An AVO?

The ADVO can be varied or revoked by a police officer or an interested party. The term "interested party" refers to:

  • Those who are protected by the order
  • A guardian of a protected person under the Guardianship Act 1987 who holds an enforceable guardianship order
  • For a child who is protected under the order: - each parent, - the Department of Family and Community Services,
  • The defendant

Courts must only hear applications for variation or revocation of police-initiated orders if they are satisfied that the police have been notified.

Police will handle applications for variation or revocation if they submit them on the protected person's behalf.

In the NSW Police Force Response to Domestic and Family Violence Code of Practice 64, the police will not actively participate in proceedings that oppose the variation or revocation of a police-initiated order.

Suppose the protected person is making the application against police advice. In that case, the police prosecutor will not be able to assist them, and they may indicate that they oppose the application to the court.

Can A Victim's Parent Apply for the Varying Or Revocation of AVO for a Child?

It would require the court's permission for an interested party to apply to vary or revoke the original ADVO if the police made the application.

If the court considers any one or more of the following, it may grant leave in the following situations:

  • Changes in circumstances have been significant.
  • In order to make the ADVO consistent with a care plan, the Department of Family and Community Services proposes this application.
  • Other reasons for doing so are in the interests of justice.

Leave must not be granted if the court believes that, if successful, the application would significantly increase the risk of harm to the children.

Conclusion

Question: What happens if the victim breaks the AVO?

Answer: AVOs restrict only the defendant's behaviour. As we all know, breaching an AVO is a criminal offence. However, since the order is merely there to protect the protected person, they cannot, in return, violate it.

Need an Experienced Lawyer to Apply for AVO Varying or Revocation?

At Justice Family Lawyers, we understand how serious an AVO is. Our AVO lawyers are constantly assisting Defendants and PINOP's with their matters in court.

Providing legal advice and assistance to the community is important to us so that individuals and families can receive the support and protection they need.

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.