1 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Hi. In NSW, Breaching an Apprehended Violence Order (Breach AVO) carries a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units. In most cases a charge of Breach AVO is not enough for a court to sentence someone to imprisonment on a full time basis. However, if she has breached the AVO with an act of violence, or if she has a history of domestic violence offences, the court will seriously consider whether she should serve time in jail. On the LawAccess website they say the following: A defendant breaches an Apprehended Violence Order (AVO) when he or she knowingly does something that the AVO says they are not allowed to do. If the defendant breaches the AVO, you should report the breach to the police as soon as possible. The police have the power to arrest the defendant and charge them with the criminal offence of contravening the AVO (breaching the AVO). The police may also charge the defendant with other criminal offences, such as assault or malicious damage. This will mean that the defendant will have to go to court to answer the criminal charges. It may help to write down any breaches in a diary so that you have a record of the times and places that events took place. If you have been to the Police and they are not doing anything, you may need to go back and explain to them that you have video evidence that you can provide and they really should be doing something about it, according to the law. They will know this. I hope this helps.