What is Contravene Apprehended Domestic Violence Order (ADVO) ?

The offence of breaching an ADVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It is a criminal offence to breach any conditions set out in an Apprehended Violence Order (AVO).

An AVO is an Apprehended Violence Order and an ADVO is short for an Apprehended Domestic Violence Order. ADVO only applies to domestic relationships such as husband, wife, children any other relationship to which may be domestic in nature.

An AVO is a protection order that places conditions on a defendant. An AVO is breached if you do something that is in breach of the conditions listed in the order.

What must the prosecution prove?

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

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted of Contravene ADVO or AVO.

To establish the offence, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you were prohibited to act in a certain way under an Apprehended Violence Order;
  • That you contravened that prohibition; and
  • Did so knowing the prohibition was in place.

The Law

Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) relevantly 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.

If you are charged with the offence of contravene apprehended violence order what are your options?

National Criminal Lawyers (NCL) have been successful in defending a number of contravene ADVO and AVO charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers will ensure that your case is closely examined to achieve the best of results.

We have also achieved a number of non-convictions for contravene ADVO charges for those who are found guilty or plead guilty to contravene ADVO or AVO.

NCL offer the following options for those who have been charged with affray:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any offence relating to contravening an ADVO or AVO, our Sydney Criminal Defence Lawyers or our Assault Lawyers Sydney are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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