Contravene / Breach AVO (NSW)
A domestic violence AVO breach is treated very seriously in NSW — and can often be more serious than the original allegation.
Domestic violence orders (AVOs/ADVOs) are used routinely by NSW Police, and breaches are prosecuted aggressively. People are often charged following misunderstandings, accidental contact, confusing conditions, or situations where the protected person initiates contact.
At Lenz Legal, we act only for the accused. We start from the position that you are presumed innocent unless and until the prosecution proves every element of the offence beyond reasonable doubt.
What does “contravene an AVO” mean in NSW?
The offence is found under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
What is the legal definition of contravene AVO?
Contravening an AVO means knowingly doing anything the order prohibits, even if the other person consents or initiates contact.
This applies whether the order is:
- A Provisional AVO issued when police first attend,
- An Interim AVO made by the court, or
- A Final AVO already in place.
You can be charged even if:
- The protected person agrees to the contact,
- They initiated the contact, or
- You believed the contact was allowed.
The legal test focuses on your conduct, not the protected person’s wishes.
What police must prove
To find you guilty of contravening an AVO, the prosecution must prove all of the following elements beyond reasonable doubt:
1. There was an AVO in force at the time of the alleged breach.
2. You were aware of the AVO and its conditions.
3. You engaged in conduct that the AVO prohibited.
4. You intended to do the conduct (you do not need to intend to breach the order).
If the prosecution fails to prove any of these legal elements, you must be found not guilty.
Common examples of alleged prohibited conduct include:
- Contact by phone, text, email or social media
- Attending a home or workplace
- Approaching within a restricted distance
- Breaching child-contact or communication conditions
- “Contravention by presence” (being somewhere the order restricts)
These are examples only. The legal test remains whether the prosecution can prove the required elements above.
If any element is not proven beyond reasonable doubt, the charge cannot be upheld.
How AVO breaches typically arise
Common situations that lead to breach allegations
We regularly see breach allegations arising from:
- Contact initiated by the protected person (“they kept messaging me and I replied”)
- Accidental or incidental contact at public locations
- Confusing or overlapping orders in parenting or family law matters
- Misunderstandings about what conditions actually prohibit
- Contact through third parties (family group chats, social media tags, mutual friends)
- Police responding to a dispute unrelated to DV and discovering an AVO is in place
- Cross-allegations where both parties make complaints
AVO conditions can be hard to navigate — especially the “no contact unless through a lawyer” or “only for child-arrangements” exceptions. Not all police officers explain these conditions clearly, which leads to many technical or unintentional breaches.
Evidence police rely on (and where it often falls short)
The types of evidence police rely on
Common evidence in AVO breach matters includes:
- Text messages, call logs and screenshots
- Social media communication
- Body-worn camera footage
- Witness statements
- Location data
- The original AVO paperwork
Where this evidence can fall short
Weaknesses often arise where:
- Messages show the protected person initiated or encouraged contact
- Police cannot prove you saw or understood the final orders
- The AVO wording is ambiguous or unclear
- Contact was accidental or incidental
- The alleged “presence” was not intentional
- Evidence does not show prohibited behaviour (e.g., peaceful presence is often permitted unless expressly banned)
In many cases, the alleged breach is technical, non-violent, or the result of unclear AVO conditions rather than deliberate wrongdoing.
Penalties and sentencing for contravene AV
Contravening an AVO carries a maximum penalty of:
- 2 years’ imprisonment, and/or
- 20 penalty units (currently $2,420)
Special rule for breaches involving violence
If the alleged breach involves violence, the court must impose a sentence of imprisonment unless there are good reasons not to.
This “show cause” rule applies even to first-time offenders.
How courts assess seriousness
In practice, courts look closely at:
- The nature and context of the alleged breach
- Whether violence was threatened, implied or alleged
- The frequency or repetition of contact
- Your personal circumstances and background
- Any prior domestic-related history
- Whether an AVO was in place to protect children
- Whether the breach created risk, or was technical/minor
Many matters — particularly where the conduct is low-level, emotional, technical, or initiated by the protected person — can be resolved without a conviction.
Non-conviction and lower-level outcomes
Depending on the circumstances, possible outcomes include:
- Conditional Release Order (with or without conviction)
- Community-based penalties (e.g., Community Corrections Order)
- Fines
- Negotiated withdrawals
- Applications to vary or delete problematic AVO conditions
Your final outcome will depend on:
- The exact conduct alleged,
- The strength of the evidence, and
- Your personal circumstances, including rehabilitation or counselling.
Our focus is always on achieving the most favourable and realistic outcome.
Possible defences and ways charges can be resolved
Depending on the evidence and circumstances, the following options may apply.
1. Defending the charge at hearing
This is appropriate where the evidence is weak, disputed or incomplete.
Common defence arguments include:
- No intentional conduct — the prosecution must prove you intended the act, even if not the breach
- Accidental or incidental contact
- The alleged conduct did not breach the wording of the AVO
- The AVO conditions were unclear or ambiguous
- You were unaware the AVO was in force
- The protected person initiated or encouraged the contact
- The alleged “presence” was not deliberate
- Evidence is inconsistent, partial or selective
If the prosecution cannot prove any element beyond reasonable doubt, you must be found not guilty.
2. Negotiating with the prosecution
Many AVO breach matters are resolved through negotiation, especially where:
- The breach is technical, low-level or non-violent
- The protected person initiated contact
- The AVO wording is confusing or contradictory
- Messages or call logs show mixed communication
- The conduct relates to family law or child-arrangements
Negotiation options include:
- Withdrawal of the breach charge
- Downgrading the allegations
- Agreeing on amended facts
- Fixing unclear or overly broad AVO conditions
- Seeking variation or deletion of problematic conditions
3. Pleading guilty on a proper factual basis
Where the evidence is strong, the focus shifts to:
- Minimising the penalty
- Avoiding a conviction
- Correcting any exaggerated or inaccurate facts
- Highlighting misunderstanding, non-violence or lack of intent
A proper factual basis protects you from unfair or incorrect allegations being accepted by the court.
4. Seeking non-conviction outcomes
In appropriate cases, the court may deal with the matter by:
- Conditional Release Order without conviction (CRO non-conviction)
- Dismissal under section 10(1)(a)
- Community-based options for higher-level matters
These outcomes avoid a criminal conviction and are often achievable for:
- Technical breaches
- First-time offenders
- Communication-based contact
- Situations involving misunderstanding or mixed communication
Why early legal advice matters
Early advice can prevent a breach allegation from escalating — and can significantly improve your chances of a favourable outcome. Speaking with a lawyer early helps you:
- Avoid accidental further breaches
Many breaches occur because conditions are misunderstood or poorly explained.
- Understand exactly what your AVO conditions mean
We clarify confusing terms like “no contact”, “no approach”, “only for child arrangements”, and “through a lawyer only”.
- Avoid making comments to police that harm your defence
Even well-intentioned explanations can be used against you.
- Preserve helpful digital evidence
Messages, call logs, screenshots and social media content can quickly disappear — early preservation is critical.
- Identify weaknesses in the police case
Many breach allegations rely on incomplete or selective evidence.
- Correct misunderstandings before they escalate
Early negotiation can prevent unnecessary charges or reduce the seriousness of allegations.
- Protect your position in related family law or parenting matters
AVO breaches can have flow-on consequences if not handled carefully.
How Lenz Legal can help
- Review the AVO conditions carefully
- Analyse whether the prosecution can prove each element
- Gather evidence showing accidental, mistaken or encouraged contact
- Negotiate with police or the prosecution where appropriate
- Advise you plainly on your options and likely outcomes
- Represent you in court and fight for the best result
Related domestic & family violence offences
Common Assault – Domestic Violence
Choking, Suffocation or Strangulation
Stalk or Intimidate
Coercive Control
Destroy or Damage Property – DV
Threaten or Cause Fear of Harm
Child-Related Domestic Violence Offences
Domestic & Family Violence
Frequently asked questions
Can the protected person give me permission to contact them?
No. Only the court can vary or change an AVO. Even if the protected person wants contact, you must follow the AVO exactly as written.
What if the breach was accidental?
Accidental or incidental contact can be a defence. The prosecution must prove intentional conduct.
What if I didn’t know the AVO had started?
You cannot be guilty unless police prove you were aware of the order. Knowledge is a key element.
Can an AVO breach be withdrawn?
Yes. Many breach charges are withdrawn after negotiation — especially technical breaches or matters involving unclear conditions.
Will I get a criminal conviction?
Not always. Sentencing depends on the seriousness of the breach, your history, and your rehabilitation prospects.
Non-conviction outcomes are possible in appropriate cases.
What should I do now?
If you have been charged with contravening or breaching an AVO, or police want to speak with you about an allegation, get legal advice before making any comment.
Contact Lenz Legal to speak directly with a criminal defence lawyer.
