What if the protected person breaches an AVO?

What if the protected person breaches an AVO?

Breaching an AVO gives the police power to arrest you and lay criminal charges for the breach. If you are a protected person and the defendant breaches an AVO, you should tell the police and / or your lawyer as soon as possible. Make notes about the breach and provide this information to the police officer.

A person who has an AVO against them is not guilty of a criminal offence and so the AVO is not listed on their criminal record. However, breaching an AVO in NSW is a criminal offence. Upon breaching an AVO and being charged by the police, the police may arrest you or issue you with a Court Attendance Notice (CAN).

Can a police officer apply for an AVO on your behalf?

You can make the application yourself, or the police can make the application on your behalf. If you have been violently injured by your partner and reported it to police, for example, a police officer will generally lay a criminal charge against that person and will also apply to court for an AVO on your behalf.

Can a police officer apply for an order of protection?

The police must act to protect people and can apply for an order to protect a person even if the person does not want it. The application would have asked for who needs to be protected. People who need to be protected are called affected family members.

Can a police officer remove an Advo against you?

You can also remove the ADVO in limited circumstances after it is finalised. If someone you are in a domestic relationship with, or the police on behalf of that person, applies for an ADVO against you, you may be served an interim or short-term ADVO whilst the matter is being dealt with.

Is it possible to get an AVO removed?

It can be difficult to remove an AVO or ADVO. However, there are some circumstances in which you may be able to remove the Order. Firstly, there are certain pathways you can take to contest the ADVO whilst it is considered ‘interim’ or ‘short term’. You can also remove the ADVO in limited circumstances after it is finalised.