How Long Can You Go To Jail For an AVO: 4 Things to Know About Violation of an AVO
How long can you go to jail for an AVO?
An Apprehended Violence Order (AVO) is not a criminal charge or conviction, so you cannot go to jail for having an AVO issued against you.
However, if you breach the conditions of an AVO, you can face criminal charges, and if convicted, you may face a possible jail term.
The charges for violating an AVO in Australia vary depending on the jurisdiction. In New South Wales (NSW), the maximum penalty for violating an AVO is a fine of AUD 5,500 and/or up to two years in prison.
How Long Can You Go To Jail For an AVO, and What Does Breaching an AVO Mean?
A breach of an Apprehended Violence Order (AVO) is a violation or noncompliance with the conditions specified in the AVO.
An AVO is a court order designed to protect a person (the protected person) from a person (the defendant) who poses a threat or has engaged in violence, intimidation, or harassment.
The conditions of an AVO can vary but typically include restrictions on the defendant's conduct to secure the safety and well-being of the protected individual.
What Happens After the Breach of an AVO?
Suppose the defendant is accused of violating an Apprehended Violence Order (AVO). In that case, the court may issue a summons or an arrest warrant, depending on the severity of the alleged violation and the defendant's location.
The summons or warrant requires the defendant to appear in court and address the alleged violation.
When the police receive a report or have reasonable grounds to believe a defendant has violated the AVO, they may:
- Issue a Court Attendance Notice (CAN) or a summons requiring the defendant to appear on a specified date to address the breach allegations.
- If the officer reasonably suspects that the offender has violated the AVO, the defendant should be arrested without a warrant. The defendant may be accused of violating the AVO and must appear in court after arrest.
If the defendant fails to appear in court as required by the summons or the Court Attendance Notice, the court may issue an arrest warrant, resulting in their capture and subsequent court appearance.
When facing these charges in court, the defendant must seriously consider the allegations of violating an AVO and seek legal counsel or representation.
How Long Can You Go To Jail For an AVO, and What Penalties the Court May Impose for Breaching an AVO?
Among the penalties that a court may impose for violating an AVO are the following:
- Fines: Courts may levy fines as a penalty for violating an AVO. The utmost amount of a fine varies by jurisdiction. In New South Wales (NSW), the maximum penalty for violating an AVO is a fine of up to $5,500.
- Imprisonment: The courts may impose a prison punishment in more severe cases. The maximum sentence of imprisonment differs by jurisdiction. How long can you go to jail for AVO? New South Wales's maximum penalty for violating an AVO is two years. The maximum sentence for violating an Apprehended Violence Order is two years.
- Community Corrections Order (CCO): The court may impose a CCO, which requires the defendant to comply with certain conditions, such as performing community service, participating in rehabilitation programs, or being subject to supervision.
- Good behaviour bond: The court may order the defendant to post a good behaviour bond, which requires them to maintain good conduct for a specified period. If the defendant violates the conditions of the bond, additional penalties may be imposed.
- Probation: The court may impose a probation order requiring the defendant to comply with specific conditions and be supervised by a probation officer for a specified time.
- Suspended sentence: In some cases, the court may impose a suspended sentence, meaning that the defendant will not serve time in prison unless they violate the terms of their suspended sentence within the specified time frame.
What Defences Can Be Made When Charged With Breach of an AVO?
When accused of contravening an Apprehended Violence Order (AVO), there are several possible defences based on the case's specifics. Among the potential defences to a violation of an AVO are:
- Factual dispute: The defendant may assert that the alleged breach did not occur or that events transpired differently than reported. The defence may be successful if the defendant can cast reasonable doubt on the prosecution's account of the events.
- Lack of knowledge: The defendant may assert they were unaware of the AVO or its conditions. To prevail with this defence, the defendant must demonstrate that they were not adequately served with the AVO or did not comprehend its terms.
- Duress or necessity: The defendant may assert that they violated the AVO due to duress (coercion or threats from a third party) or necessity (to prevent a greater injury). For this defence to be successful, the defendant must provide proof of duress or necessity and that their actions were reasonable under the circumstances.
- No reasonable grounds: If the defendant did not give the protected person reasonable grounds to fear violence or harassment, they might contend that they did not violate the AVO. This defence is contingent on the conditions specified in the AVO.
- Accidental breach: In some instances, the defendant may assert that the violation was unintentional or incidental. For example, if the defendant accidentally encountered the protected person in public, they could contend that the breach was not intentional.
Conclusion
Question: How long can you go to jail for an AVO?
Answer: An Apprehended Violence Order (AVO) is not a criminal charge or conviction, so you cannot go to jail for having an AVO issued against you.
However, if you breach the conditions of an AVO, you can face criminal charges, and if convicted, you may face a possible jail term.
The charges for violating an AVO in Australia vary depending on the jurisdiction. In New South Wales (NSW), the maximum penalty for violating an AVO is a fine of AUD 5,500 and/or up to two years in prison.
Need Guidance On How to Avoid Jail Time for AVO?
At Justice Family Lawyers, we understand the complexity of AVOs and DVOs, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.
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.
