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Breach of AVO

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The breach of an Apprehended Violence Order (AVO) is covered under section 14 of the Crimes (Domestic and Personal Violence) Act 2007. It is a serious offence and carries a maximum penalty of 2 years imprisonment.

In order to determine what constitutes a breach of an AVO, the terms of the AVO need to be considered. The breach must be intentional; that is, an AVO is only breached if the person knowingly breaches one of the terms. For example, visiting or telephoning the protected person can constitute a breach, however inadvertently meeting in public may not. Nevertheless, if the defendant does not move away from the protected person after their initial contact then this too may amount to a breach. In addition, even if the protected person has initiated the contact, if the defendant does not move away after the initial contact and continues the conversation, this may also violate the terms of the AVO.

When the breach of an AVO involves violence of any kind, this is viewed of greater seriousness by the courts and is reflected in higher (and potentially full time) sentencing. It is important to note that a person can only have breached an AVO if it can be proved that had been served with the copy of the AVO before the alleged breach or that the person was in court at the time the order was made. It must be established that the defendant knew of the terms of the AVO and ‘knowingly’ breached them.  

Sentencing takes into account the various factors surrounding the incident of the breach, the criminal history and relationship of those involved. Our outstanding results for our clients are achieved through strong and persuasive representation, and we strive to take into account all the factors relating to your case. At Legal First Solicitors Barristers we take the time to listen to you, and to tailor our strategy and approach to your particular circumstance. We are able to provide advice on any issues you may have with AVOs, domestic violence etc , keeping at the focus your discretion and confidentiality.