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ADVO Breaches

ADVO Breaches Criminal Law Defences

ADVO Breaches

Breaching an ADVO (Apprehended Domestic Violence Order) elevates it to a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Penalties include up to 2 years in prison, a $5500 fine, or both. The prosecution must prove the existence of an ADVO, the specific prohibition, and intentional contravention.

 

Defences include necessary acts for mediation or property recovery, or lack of service of the ADVO.

 

You can consent to ADVO/PVO/AVO  'without admissions' however if you breach the orders, it has the same criminal penalities. ADVO/PVO/AVO have derimental consquences to obtaining a firearms licence, a security licence and some employers require you to disclose, so if you are facing a breach of order, or have just been served with an provisional order legal advice is essential before you agree to the conditions. 

 

ADVO/PVO/AVO can be varied and revoked whilst they are in force. Change in circumstances is usually required to change the conditions or revoke an ADVO


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