What's happening?
Breaching an AVO is a criminal offence, separate from the order itself, and occurs where a person subject to an order is alleged to have acted in a way that contravenes its conditions, such as making contact with the protected person or attending a prohibited location.
These matters can arise from clear breaches, but also from situations that are more ambiguous, such as accidental contact, contact initiated by the protected person, or a misunderstanding about what the order actually prohibits. The specific wording of the order and the circumstances of the alleged breach are central to how the matter is assessed.
What could it mean for me?
- A breach charge can lead to a criminal record separate from any earlier AVO proceedings.
- Repeated or serious breaches are treated more seriously by the courts.
- Bail conditions following a breach charge can be stricter than the original AVO conditions.
- A breach charge can affect ongoing family law or parenting matters where children are involved.
- Evidence of contact initiated by the protected person may still be relevant, but does not automatically excuse a breach.
What are my options?
- Contesting the charge where the alleged conduct did not actually contravene the order's conditions.
- Raising evidence of context, such as who initiated contact, as relevant to the circumstances.
- Pleading guilty and presenting mitigating factors, particularly for a first or minor breach.
- Seeking clarification or variation of the order to avoid further ambiguity going forward.
- Addressing any related family law issues arising from the same conduct.
What happens next?
- Get advice before responding to police about the alleged breach.
- Keep a record of any communications relevant to the alleged breach.
- Comply strictly with the order's conditions going forward, even where you believe there has been a misunderstanding.
- Attend your first court date and review the evidence with your lawyer once available.
- Discuss whether the order itself needs to be varied to avoid future issues.
How can MGE Lawyers help?
We review the specific conditions of the AVO alongside the evidence of the alleged breach to assess whether the conduct genuinely falls within what the order prohibits. This is often more nuanced than it first appears.
Where a breach is not disputed, we focus on presenting the circumstances fairly to the court, including any steps taken to avoid future issues, and we can also assist with applications to vary an order that is proving difficult to comply with.