Penalties & outcomes
Will I go to jail for breaching an AVO in NSW?
The short answer: Courts treat AVO breaches seriously, and knowingly violent breaches attract real custody. But many alleged breaches are technical, accidental or even invited by the protected person, and those are very defensible.
Maximum penalties
| Charge | Maximum |
|---|---|
| Contravene AVO | Fine and up to 2 years imprisonment |
| Breach involving violence | Sentencing practice expects custody to be actively considered |
Maximum penalties are the ceiling for the worst category of case, not the likely outcome. Figures general as at publication; confirm current penalties with a lawyer.
What courts actually do
A breach involving violence or intimidation is at the serious end and is often charged alongside fresh offences. At the other end, courts see a steady stream of technical breaches: a reply to a text, attendance invited by the protected person, a chance encounter. Context decides these.
The breach must also be knowing. If you were never properly served, or the conduct doesn't actually contravene the order's conditions, the charge can fail entirely.
Common questions
The protected person contacted me first, is that a defence?
It matters. Only the defendant can breach an AVO, but invited contact bears heavily on whether a breach was knowing and how seriously a court views it. Keep the evidence and get advice before your court date.
Can the AVO itself be challenged?
Often, yes. We have had AVOs refused after cross-examination showed the allegations were unsubstantiated. Challenging a weak order is sometimes the best answer to breach exposure.
This page is general information about NSW law, not legal advice, and penalties change. For advice about your situation, contact us.
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