ADVO Breaches | Criminal Law Defenses

Contravention of an APPREHENDED DOMESTIC VIOLENCE ORDER (ADVO)

Even though an ADVO or AVO (apprehended violence order) is not a criminal charge, if you breach an ADVO or AVO the breach elevates it to a criminal offence.

THE LAW

The law for an ADVO contained in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which provides that a:

“A person who knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person is guilty of the offence.”

Maximum/POSSIBLE penalties

Contravention of an ADVO can be punished with a prison sentence of up to 2 years or a fine of up to $5500 or both.

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a contravention of an ADVO charge:

Full time Imprisonment
Intensive Corrections Order (ICO)
Community Correction Order (CCO)
Conditional release Order (CRO) (ie: bond); and/or
A Fine; or
Section 10 – no conviction recorded

THE FACTS THAT MUST BE PROVEN

Since Contravening an ADVO is a criminal offence, the burden of proof lies on the Prosecution.

To establish the offence, the prosecution must prove that:

That you were under an ADVO; and
You were prohibited to act in a certain way under an ADVO; and
You contravened that prohibition; and
You did so knowingly and with intent.

DEFENCES

A defence to the charge will occur when:

It was a necessary act to be able to attend a mediation planned session;
It was a necessary act to be able to comply with the terms of a property recovery order made by a Magistrate; and/or
if you are able to show that you were not served a copy of the ADVO, and where the ADVO was made in Court that you were not present in Court, thus were unaware of the restrictions/prohibitions orders made.

CHOICES AT LAW OPTIONS

For an ADVO or an AVO Breach, Rep-Revive Criminal Lawyers® offers the following options:

We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.

We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skillful manner in Court.

Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.

If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

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