ADLA Quicklinks

Offence

Begin Search
ADLA member for - NSW

Written by
Lionel Rattenbury
Criminal Defence Lawyer


Email your enquiry Make an appointment
Call 02 9261 4555
Domestic Violence Offences - NSW
Welcome to the NSW Breach domestic violence order or avo article page. Everything you need to know about Breach domestic violence order or avo according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Breach domestic violence order or avo
According to NSW Law for the charge of Breach domestic violence order or avo,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
1207 Contravene apprehended domestic violence order
1208 Contravene apprehended violence order

The Maximum Penalty - Breach domestic violence order or avo
According to NSW Law for the charge of Breach domestic violence order or avo,

The maximum penalty for the charge of breach AVO - Domestic Violence Order (Section 562I(1) of the Crimes Act) is a fine of 50 penalty units and/or two years imprisonment.

In NSW, a court can impose any of the following penalties for an breach AVO - Domestic Violence Order charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

What the Police must prove according to NSW Law for Breach domestic violence order or avo

To convict you of a breach AVO - Domestic Violence Order charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You contravened a prohibition or restriction specified in an order made against you.
  2. The contravention was done or made knowingly.

They will also need to prove that you were the person who committed the breach AVO - Domestic Violence Order offence.

Possible Defences under NSW Law - Breach domestic violence order or avo

Possible defences to an breach AVO - Domestic Violence Order charge include but are not limited to:

In NSW which court will hear the matter - Breach domestic violence order or avo

This matter is a summary matter and can only be finalised in the Local Court.

Section 10 for an breach AVO - Domestic Violence Order charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an breach AVO - Domestic Violence Order charge: When deciding the amount of a fine for a breach AVO - Domestic Violence Order charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an breach AVO - Domestic Violence Order charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an breach AVO - Domestic Violence Order charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an breach AVO - Domestic Violence Order charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an breach AVO - Domestic Violence Order charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an breach AVO - Domestic Violence Order charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an breach AVO - Domestic Violence Order charge: This is the most serious penalty for the charge of breach AVO - Domestic Violence Order and involves full time detention in a correctional facility. Read more.

null null
Call ADLA on 1300 331 331