How Long Can You Go To Jail For AVO

May 2, 2023by Naomi Cramer


How lengthy are you able to go to jail for AVO? 

An Apprehended Violence Order (AVO) will not be a prison cost or conviction, so you can not go to jail for having an AVO issued towards you.

Nevertheless, for those who breach the circumstances of an AVO, you may face prison fees, and if convicted, it’s possible you’ll face a attainable jail time period.

The costs for violating an AVO in Australia range relying on the jurisdiction. In New South Wales (NSW), the utmost penalty for violating an AVO is a positive of AUD 5,500 and/or as much as two years in jail.

How Lengthy Can You Go To Jail For AVO, and What Does Breaching an AVO Imply?

A breach of an Apprehended Violence Order (AVO) is a violation or noncompliance with the circumstances specified within the AVO.

An AVO is a courtroom order designed to guard an individual (the protected individual) from an individual (the defendant) who poses a menace or has engaged in violence, intimidation, or harassment.

The circumstances of an AVO can range however sometimes embrace restrictions on the defendant’s conduct to safe the security and well-being of the protected particular person.

What Occurs After the Breach of an AVO?

Suppose the defendant is accused of violating an Apprehended Violence Order (AVO). In that case, the courtroom might subject a summons or an arrest warrant, relying on the severity of the alleged violation and the defendant’s location.

The summons or warrant requires the defendant to look in courtroom and deal with the alleged violation.

When the police obtain a report or have affordable grounds to consider a defendant has violated the AVO, they might:

  • Challenge a Courtroom Attendance Discover (CAN) or a summons requiring the defendant to look on a specified date to deal with the breach allegations.
  • If the officer fairly suspects that the offender has violated the AVO, the defendant ought to be arrested with no warrant. The defendant could also be accused of violating the AVO and should seem in courtroom after arrest.

If the defendant fails to look in courtroom as required by the summons or the Courtroom Attendance Discover, the courtroom might subject an arrest warrant, ensuing of their seize and subsequent courtroom look.

When going through these fees in courtroom, the defendant should critically think about the allegations of violating an AVO and search authorized counsel or illustration.

How Lengthy Can You Go To Jail For AVO, and What Penalties the Courtroom Might Impose for Breaching an AVO?

Among the many penalties {that a} courtroom might impose for violating an AVO are the next:

  1. Fines: Courts might levy fines as a penalty for violating an AVO. The utmost quantity of a positive varies by jurisdiction. In New South Wales (NSW), the utmost penalty for violating an AVO is a positive of as much as $5,500.
  2. Imprisonment: The courts might impose a jail punishment in additional extreme instances. The utmost sentence of imprisonment differs by jurisdiction. How lengthy are you able to go to jail for AVO? New South Wales’s most penalty for violating an AVO is 2 years. The utmost sentence for violating an Apprehended Violence Order is 2 years.
  3. Group Corrections Order (CCO): The courtroom might impose a CCO, which requires the defendant to adjust to sure circumstances, similar to performing neighborhood service, collaborating in rehabilitation applications, or being topic to supervision.
  4. Good behaviour bond: The courtroom might order the defendant to put up a very good behaviour bond, which requires them to keep up good conduct for a specified interval. If the defendant violates the circumstances of the bond, further penalties could also be imposed.
  5. Probation: The courtroom might impose a probation order requiring the defendant to adjust to particular circumstances and be supervised by a probation officer for a specified time.
  6. Suspended sentence: In some instances, the courtroom might impose a suspended sentence, that means that the defendant won’t serve time in jail until they violate the phrases of their suspended sentence inside 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 a number of attainable defences based mostly on the case’s specifics. Among the many potential defences to a violation of an AVO are:

  • Factual dispute: The defendant might assert that the alleged breach didn’t happen or that occasions transpired in another way than reported. The defence could also be profitable if the defendant can solid affordable doubt on the prosecution’s account of the occasions.
  • Lack of know-how: The defendant might assert they have been unaware of the AVO or its circumstances. To prevail with this defence, the defendant should reveal that they weren’t adequately served with the AVO or didn’t comprehend its phrases.
  • Duress or necessity: The defendant might assert that they violated the AVO resulting from duress (coercion or threats from a 3rd get together) or necessity (to forestall a higher damage). For this defence to achieve success, the defendant should present proof of duress or necessity and that their actions have been affordable beneath the circumstances.
  • No affordable grounds: If the defendant didn’t give the protected individual affordable grounds to worry violence or harassment, they could contend that they didn’t violate the AVO. This defence is contingent on the circumstances specified within the AVO.
  • Unintended breach: In some cases, the defendant might assert that the violation was unintentional or incidental. For instance, if the defendant by chance encountered the protected individual in public, they may contend that the breach was not intentional.

Conclusion

Query: How lengthy are you able to go to jail for AVO? 

Reply: An Apprehended Violence Order (AVO) will not be a prison cost or conviction, so you can not go to jail for having an AVO issued towards you.

Nevertheless, for those who breach the circumstances of an AVO, you may face prison fees, and if convicted, it’s possible you’ll face a attainable jail time period.

The costs for violating an AVO in Australia range relying on the jurisdiction. In New South Wales (NSW), the utmost penalty for violating an AVO is a positive of AUD 5,500 and/or as much as two years in jail.

Want Steerage On Learn how to Keep away from Jail Time for AVO?

At Justice Household Lawyers, we perceive the complexity of AVOs and DVOs, and we’re dedicated to offering our shoppers with the very best high quality authorized recommendation and illustration. 

Our AVO lawyers and practitioners are extremely skilled and educated, and we’re dedicated to serving to our shoppers obtain the very best end result.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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