Contravening an Apprehended Domestic Violence Order (ADVO)
An Apprehended Domestic Violence Order (ADVO) is a legal order issued by a court to protect individuals from domestic violence. It places restrictions on the behavior of the person against whom it is made, known as the defendant, to ensure the safety of the protected person. These restrictions can include prohibiting contact, staying away from certain locations, and refraining from specific actions1.
What Constitutes Contravening an ADVO?
Contravening an ADVO occurs when the defendant knowingly breaches any of the conditions set out in the order. This can include actions such as:
- Contacting or approaching the protected person.
- Visiting places the defendant is prohibited from entering.
- Engaging in behavior that the ADVO specifically restricts.
Legal Consequences
The penalties for contravening an ADVO in NSW are severe and reflect the seriousness of the offence. A breach can result in:
- Imprisonment: Up to two years for a standard breach, and up to three years if the breach is done with the intention of causing harm or fear.
- Fines: Up to 50 penalty units, which currently equates to $5,5003.
Importance of Speaking to a Lawyer
If you are charged with contravening an ADVO, it is essential to seek legal advice immediately. A lawyer can help you understand the charges, the potential penalties, and the best course of action. They can also represent you in court, negotiate with the prosecution, and work to achieve the best possible outcome for your case4.
Benefits of Legal Representation
- Expert Knowledge: Lawyers have a deep understanding of the law and can navigate the complexities of the legal system.
- Strategic Defence: A lawyer can develop a defense strategy tailored to your specific situation.
- Negotiation Skills: Lawyers can negotiate with prosecutors to potentially reduce charges or penalties.
- Emotional Support: Facing criminal charges can be stressful. A lawyer provides not only legal support but also emotional reassurance.
Conclusion
Contravening an ADVO is a serious offence with significant legal consequences. Understanding the nature of the offence and the importance of legal representation is crucial. If you find yourself facing such charges in NSW, speaking to a Central Coast AVO lawyer can make a significant difference in the outcome of your case.
Contact us now for a free initial consultation to discuss your options.