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Charges

Contravene apprehended violence order (AVO)

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14(1)

What is the maximum penalty for contravene an avo in NSW?

Maximum penalty. 2 years imprisonment and/or 50 penalty units. Under s 14(4), unless the court otherwise orders, a person convicted must be sentenced to imprisonment if the act constituting the contravention was an act of violence against a person.

A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.

What the charge covers

This charge applies where a person knowingly breaches a prohibition or restriction in an apprehended violence order made against them, for example by contacting, approaching or intimidating the protected person contrary to the order's conditions. The breach itself is the offence, even if no separate crime is committed. A person cannot be convicted unless they were in court when the order was made or were properly served with it.

How it is dealt with

Summary offence, dealt with in the Local Court

Where these figures come from

Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:

Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.

This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.

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