Contravene an AVO in NSW: Why “She Invited Me” Is Not a Defence
The most common mistake people make with AVOs
Contravening an Apprehended Violence Order is one of the most frequently charged domestic violence offences in New South Wales. It is also one of the most misunderstood. Many defendants genuinely believe that if the protected person initiates contact, invites them over, or agrees to see them, the AVO no longer applies. That belief is wrong and leads directly to arrest.
An AVO is an order of the court, not a private agreement between two people. Once an order is in place, its conditions must be obeyed strictly until the court varies or revokes it.
The law on contravening an AVO
Contravention of an AVO is an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The offence is made out where a person knowingly contravenes a condition of an order, regardless of whether the protected person consented to or encouraged the breach.
The offence carries a maximum penalty of two years’ imprisonment and/or a fine, and higher penalties apply for repeat breaches. The legislation makes no exception for reconciliation, invitations or mutual contact. Only a court can change the terms of an AVO.
Judicial approach to AVO breaches
The Judicial Commission of New South Wales, in its sentencing guidance on AVO contraventions, emphasises that breaches are treated seriously because they undermine the authority of the court and the protective purpose of the order. Courts repeatedly state that compliance with AVOs is essential to community confidence in the justice system.
NSW appellate authority confirms that even brief or seemingly harmless breaches can attract significant penalties. Courts focus on the fact of disobedience, not the perceived harmlessness of the contact. This is particularly so where the order was imposed to manage domestic violence risk.
Sentencing considerations and custody risk
Sentencing for AVO breaches depends on factors such as the nature of the breach, whether it involved physical proximity or communication, the offender’s history, and whether the breach occurred shortly after the order was made. The Judicial Commission’s sentencing materials note that repeat breaches or breaches involving intimidation or persistence significantly increase the likelihood of imprisonment.
First-time offenders sometimes receive non-custodial penalties, but this is far from guaranteed. Courts regularly impose full-time custody where breaches are deliberate, repeated or occur in the context of ongoing domestic conflict.
Why “she invited me” makes things worse
Telling police that the protected person invited contact often strengthens the prosecution case by establishing that the defendant knew of the order and chose to ignore it. It also undermines any later attempt to argue mistake or misunderstanding. Courts are clear that the protected person cannot waive the order, even if they ask for contact.
National Criminal Lawyers frequently sees clients charged after attempting reconciliation without first returning to court to vary the order. These cases are almost always avoidable with proper advice.
Defending AVO contravention charges
Defences may exist where the prosecution cannot prove knowledge of the order, where the contact was genuinely accidental, or where police have misinterpreted the conduct. However, these defences are narrow and fact-specific. Early legal advice is critical to identifying whether a viable defence exists or whether the focus should be on mitigation and damage control.
AVO breaches also carry significant flow-on effects in family law proceedings, often being relied upon to justify restrictions on parenting time. Managing these consequences requires coordination between criminal defence strategy and broader legal planning.
If you have been charged with breaching an AVO, or are at risk of doing so, do not rely on assumptions or informal agreements. Speaking with experienced defence lawyers at National Criminal Lawyers, who understand how NSW courts sentence AVO breaches and how to fix orders properly through the court, can protect you from unnecessary criminal liability and long-term consequences.
Contact National Criminal Lawyers via our contact page or call 1800 CRIM LAW for confidential advice.
