Will I get a criminal record for breach AVO?

It is possible to avoid a criminal conviction for contravening an AVO.

The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances. If it is a minor breach of an AVO, a court will likely be more lenient. However, a breach involving violence will likely result in a conviction and may result in imprisonment.

Generally, a court will consider a conditional release order or a community corrections order for this offence.

Will I go to jail for contravening an AVO?

Yes, it is possible to go to jail for breaching an AVO. The maximum penalty is $5,500 and/or a term of imprisonment of 2 years.

The likelihood of jail depends on the seriousness of the offence, and your subjective circumstances. For example, if the breach involves violence, there is strong possibility that you will go to jail. The chance of going to jail also increases if you repeatedly contravene the AVO, even if the breaches are minor.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

• There was an AVO in place, and
• You knew the AVO was in place, and
• You knowingly breached a condition of the AVO.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.