Reporting a breach

Complying with an AVO

While there is an AVO in place against the defendant, they must comply with the orders in the AVO. If they don't, they may breach their AVO and be charged with a criminal offence. It is a criminal offence to breach an AVO. 

If the defendant breaches their AVO, or attempts to breach it, you should speak to the police.

The police can enforce an apprehended domestic violence order (ADVO) made in NSW and any other Australian state or territory, and a registered foreign order. They can also enforce an apprehended personal violence order (APVO) made in NSW, or any other Australian state or territory and registered in NSW.

What is a breach?

A defendant breaches an AVO when they knowingly do, or attempt to 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 domestic violence order (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 in court when the order was made and they have not been served with the AVO. This means that a defendant can't breach the AVO if they don't know it has been made.

Accidental breaches

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.

Penalties for breaching an AVO

There are different penalties for breaching an AVO, depending on whether the defendant committed the breach:

• knowingly (‘standard breach’)
• knowingly, intending to cause you harm or fear
• knowingly, and on at least 2 other occasions within 28 days.

Standard breach

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.

Intention to harm or cause fear

The defendant can be given more serious penalties if they are convicted of knowingly breaching an ADVO with the intention of:

• harming you, or
• making you fear for your safety or the safety of another person.

The defendant does not have to actually harm you or make you fearful to be convicted of this offence. They only need to have that intention.

The penalty for this offence is up to $11,000 fine and/or imprisonment for up to three years.

If the defendant is found not guilty of this offence, they can still be found guilty of a standard breach.

Repeated breaches

The defendant can be given even more serious penalties if the court finds that they:

• knowingly committed multiple breaches, three or more times within a 28 day period, and
• a reasonable person would think the defendant’s behaviour is likely to physically or mentally harm you, or make you fear for your safety or the safety of another person.

The defendant does not have to be charged for all of the breaches that occurred to be charged with this offence. The breaches can relate to different protected persons. They don’t have to all relate to the same person.

You (and the other protected persons) don’t have to suffer actual physical or mental harm or fear for the defendant to be charged.

The penalty for this offence is up to $16,500 fine and/or imprisonment for up to five years.

If the defendant is found not guilty of this offence, they can still be found guilty of:

• a standard breach, or
• breaching the AVO with the intention to harm you or cause you fear.

Keeping a record of all breaches

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.