Reporting a breach

It is a criminal offence to breach an AVO. 

A defendant breaches an AVO when they knowingly do 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).

If the defendant breaches the AVO by committing a crime, the police may also charge the defendant with other criminal offences, such as assault or malicious damage. The defendant will have to go to court to answer the criminal charges.

If a defendant breaches a DVO, NSW Police will check that:

• there is a nationally recognised DVO
• the DVO is current
• the conditions that relate to the report of the breach
• either one or both parties was in NSW at the time of the alleged breach.

If the defendant is not in NSW when the order is breached, NSW Police may refer the incident to the jurisdiction where the defendant was located at the time of the breach for further investigation.

The defendant can't be charged with breaching an AVO if they were not served with the Provisional, Interim or Final AVO (unless they were in court when the order was made). This means that a defendant can't breach the AVO if they don't know it has been made.

If the defendant has breached their AVO, they may be arrested and charged with the offence of contravening the AVO. The police will give the defendant a Court Attendance Notice and they will have to go to court.

If the Court convicts the defendant, they can be fined up to $5,500 and/or imprisoned for up to two years.

If the defendant commits a serious breach, or there are other criminal charges, the police may:

• release the defendant on bail (with or without conditions), or
• refuse the defendant bail and keep them in custody.

If the defendant is convicted of breaching the AVO and committing a crime, they can receive a separate sentence for:

• breaching the AVO, and
• any crime(s) they are convicted of. 

If the breach involves violence, it is considered a serious offence and there is a strong chance the defendant will go to gaol.

Any conviction will appear on the defendant's criminal record and in a Working With Children Check.

A defendant could breach an AVO even when they have no intention of doing so, for example, if the defendant enters a building without knowing you are there. If you are not sure whether the defendant is breaching an AVO you should call the police.

If the defendant accidentally breaches the AVO, the police may decide to charge the defendant with contravening an AVO. However, a defendant can't be found guilty of contravening (breaching) an AVO unless they knowingly did something that an AVO says they are not allowed to do.

If an AVO has been made and you get back together with the defendant, or make contact with them, they may still be breaching the AVO. If your circumstances have changed and you no longer need the AVO, you can apply to vary the AVO.

For further information, see Vary or revoke an AVO.

If the defendant breaches the AVO you should call the police. 

You should also:

• get medical treatment, if you are injured
• record the details of all breaches in a diary, including the date and time of each breach, what the defendant did or said, and the names of any witnesses
• keep any text messages, emails, voicemail messages or other messages from the defendant. These can be used as evidence later if the matter goes to court.
• collect any further evidence of the breach. This may include taking photos of any injuries or property damage that you have suffered, getting a copy of medical reports or CCTV footage that shows the defendant breaching the order.