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.

However, if the breach involves violence, the court must consider a term of imprisonment unless the court is convinced otherwise. 

Will I go to jail for contravening an AVO?

Yes, it is possible to go to jail for breaching an AVO. The maximum penalty depends on the circumstances of the breach.

The penalties are:

1. If you contravene a prohibition or restriction that is specified in the AVO: 2 years imprisonment and/or a maximum fine of $5,500.
2. If you contravene a prohibition or restriction that is specified in the AVO, with the intention of causing the person physical or mental harm, or fear for their safety or another person’s safety: 3 years imprisonment and/or a maximum fine of $11,000.
3. If you knowingly contravene a prohibition or restriction specified in the AVO, and on at least 2 other occasions within the previous 28 days, you breached the same AVO with conduct likely to cause the person physical or mental harm, or fear for their safety or the safety of another person: 5 years imprisonment and/or a maximum fine of $16,500. 

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, 
• You knowingly breached a condition of the AVO, and 
• If relevant to the charge, that you knew it was likely your conduct would cause mental or physical harm, or case the protected person to fear for his or her safety, or the safety of another person. 

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