Even though an ADVO or AVO (apprehended violence order) is not a criminal charge, if you breach an ADVO or AVO the breach elevates it to a criminal offence.
The law for an ADVO contained in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which provides that a:
“A person who knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person is guilty of the offence.”
Contravention of an ADVO can be punished with a prison sentence of up to 2 years or a fine of up to $5500 or both.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties for a contravention of an ADVO charge:
Since Contravening an ADVO is a criminal offence, the burden of proof lies on the Prosecution.
To establish the offence, the prosecution must prove that:
A defence to the charge will occur when:
For an ADVO or an AVO Breach, Rep-Revive Criminal & Employment Lawyers® offers the following options:
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There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skillful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.
Please contact our office on 0419 998 398 or 0492 857 721 or email firstname.lastname@example.org for more information. The first consultation is free.