Charged With Breaching an AVO or Protection Order in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Breaching an AVO or protection order in Tasmania is a serious criminal offence that typically results in immediate arrest and possible imprisonment. Police must arrest you unless exceptional circumstances exist, and courts often impose jail sentences even for first-time breaches. If you've been charged with breaching a protection order, you need urgent legal advice - the consequences can permanently damage your criminal record, employment prospects, and family relationships.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer if charged with breaching an AVO in Tasmania. This is not a minor matter you can handle alone. The Family Violence Act 2004 (Tas) treats AVO breaches as serious criminal offences with mandatory arrest provisions and potential imprisonment up to two years.

Without proper legal representation, you risk receiving a criminal conviction that will appear on background checks forever. Police and prosecutors take AVO breaches extremely seriously because they often indicate escalating family violence situations. Courts regularly impose immediate imprisonment, even for technical breaches where no actual harm occurred.

An experienced criminal lawyer can examine whether the alleged breach actually occurred, identify technical defences, negotiate with prosecutors for reduced charges, and present compelling mitigation evidence to avoid imprisonment. They understand how Tasmanian Magistrates typically approach these cases and can advise you on realistic outcomes based on your specific circumstances.

The stakes are too high to represent yourself. Call 1300 636 846 immediately for urgent legal advice from lawyers who handle AVO breach cases daily.

What Happens Next - The Process

The AVO breach process in Tasmania follows these specific steps:

1. Arrest and Charging: Police must arrest you unless exceptional circumstances exist under section 15A of the Family Violence Act 2004. You'll be taken to a police station for processing and interview.
2. Bail Decision: Police or a Magistrate will decide whether to grant bail. AVO breach defendants often receive strict bail conditions or are refused bail entirely, especially for repeat breaches.
3. First Court Appearance: You'll appear before the Hobart, Launceston, Burnie, or Devonport Magistrates Court within days of arrest. The court will read charges and set future hearing dates.
4. Brief of Evidence: Prosecutors provide evidence including police statements, witness accounts, and any recordings or photographs. This typically takes 4-8 weeks.
5. Legal Strategy: Your lawyer reviews the brief, identifies defences, and advises whether to plead guilty or contest the charges. This decision impacts everything that follows.
6. Hearing or Plea: If pleading guilty, the court hears mitigation evidence and imposes sentence. If contesting charges, a contested hearing determines guilt before sentencing.
7. Sentencing: Magistrates consider the breach severity, your criminal history, impact on the protected person, and mitigation factors when deciding penalties.

Most AVO breach cases resolve within 3-6 months, though contested matters can take longer. The key is engaging a lawyer immediately after arrest to begin building your defence strategy.

The Law in Tasmania

AVO breaches in Tasmania are governed by the Family Violence Act 2004 (Tas) and carry severe penalties reflecting the state's zero-tolerance approach to family violence.

Under section 17A, breaching any condition of a Family Violence Order is a criminal offence punishable by up to two years imprisonment, fines up to $20,520, or both. The legislation specifically states that breaching an order is an offence regardless of whether the protected person consented to the contact or initiated it themselves.

Section 15A mandates that police must arrest suspected AVO breach offenders unless exceptional circumstances exist. This means you'll almost certainly be arrested rather than receiving a court summons, reflecting how seriously Tasmania treats these matters.

Courts can impose various penalties including:

• Immediate imprisonment up to 2 years
• Suspended sentences with strict conditions
• Community service orders
• Fines up to $20,520
• Good behaviour bonds with additional AVO conditions

Importantly, the breach is a separate criminal offence from any underlying conduct. Even if the original violence charges were dropped or you received a minor penalty, breaching the protective order creates an entirely new criminal matter with its own potential imprisonment term.

Tasmanian Magistrates regularly impose immediate imprisonment for AVO breaches, particularly for repeat offenders or breaches involving direct contact, threats, or property damage. First-time technical breaches might receive suspended sentences, but there are no guarantees without strong legal representation.

Mistakes to Avoid

These critical mistakes destroy AVO breach defences and lead to harsher penalties:

1. Speaking to Police Without a Lawyer Present: Many clients confess to technical breaches during police interviews, thinking honesty will help them. Police record these admissions and prosecutors use them as primary evidence. Exercise your right to silence and demand a lawyer before any interview.

2. Assuming Consent Makes Contact Legal: The biggest misconception is believing that if the protected person initiates contact or agrees to meet, no breach occurs. Tasmanian law is crystal clear - breaching AVO conditions is criminal regardless of the protected person's consent. We've seen clients receive jail time for breaches where the protected person begged the court not to punish them.

3. Failing to Read AVO Conditions Carefully: Many clients don't understand their specific AVO conditions until after arrest. Standard conditions prohibit contact, but orders often include complex geographical restrictions, social media prohibitions, and third-party contact bans. Ignorance of conditions is not a defence.

4. Delaying Legal Advice Until Court: Some defendants think they can handle initial court appearances alone and get a lawyer later. This wastes crucial time when lawyers could be gathering character references, negotiating with prosecutors, and building mitigation cases. Early legal intervention often prevents imprisonment.

5. Pleading Guilty Without Understanding Consequences: Clients often plead guilty to "get it over with" without realizing they're accepting a permanent criminal record that affects employment, travel, and housing. Some breaches can be defended successfully or reduced to lesser charges with proper legal representation.

These mistakes are permanent once made. Get legal advice immediately to avoid destroying your defence options. Call 1300 636 846 before making any decisions.

Likely Outcomes and Costs

AVO breach outcomes in Tasmania depend heavily on the breach type, your criminal history, and quality of legal representation. Here's what typically happens:

With Experienced Legal Representation:

• First-time technical breaches: Often suspended sentences or community service with strong mitigation evidence
• Contact breaches: Possible suspended sentences with strict conditions rather than immediate imprisonment
• Repeat breaches: Reduced imprisonment terms through effective plea negotiations
• Contested charges: Potential dismissal if breach elements can't be proven beyond reasonable doubt

Without Legal Representation:

• Much higher imprisonment rates, including for first-time offenders
• Longer sentences due to inadequate mitigation evidence
• Missed defence opportunities that could have resulted in charge dismissals
• Permanent criminal records affecting future employment and travel

Legal Costs: Professional legal representation for AVO breach charges typically costs between $3,000-$8,000 depending on case complexity. Contested hearings requiring multiple court appearances cost more than straightforward guilty pleas with mitigation. However, this investment often prevents imprisonment and criminal convictions worth far more than the legal fees.

Most clients save money long-term by engaging lawyers early. We regularly negotiate charge withdrawals, secure suspended sentences instead of imprisonment, and minimize criminal record consequences. The cost of not having proper representation - imprisonment, job loss, and permanent criminal records - far exceeds legal fees.

Go To Court Lawyers offers fixed-fee consultations at $295 where we'll assess your case, explain realistic outcomes, and provide transparent cost estimates for your defence. This investment gives you professional legal advice to make informed decisions about your future.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended hundreds of AVO breach cases across Tasmania since 2010, with lawyers practicing in Hobart, Launceston, Burnie, and Devonport Magistrates Courts. Our 800+ lawyers nationally understand how Tasmanian Magistrates approach these serious charges.

Our AVO breach defence service includes:

• Immediate legal advice following arrest or charging
• Urgent bail applications to secure your release from custody
• Detailed analysis of prosecution evidence to identify weaknesses
• Expert negotiation with prosecutors for charge reductions or withdrawals
• Comprehensive mitigation presentations to avoid imprisonment
• Experienced court representation by lawyers familiar with local Magistrates

We've achieved excellent results for clients facing AVO breach charges, including charge dismissals for insufficient evidence, suspended sentences instead of imprisonment, and reduced penalties through effective mitigation. Our lawyers understand the human side of these cases - relationship breakdowns, mental health issues, and family pressures that contribute to breaches.

With a 4.5-star rating from 780+ client reviews, we're Australia's largest legal service because we deliver results for people in serious legal trouble. Our fixed-fee consultation gives you immediate access to experienced criminal lawyers who handle AVO breach cases daily.

Don't face AVO breach charges alone. Call our 24/7 hotline at 1300 636 846 or book online at gotocourt.com.au/book for urgent legal advice. Every hour you delay reduces your defence options. Contact us immediately - your freedom and future depend on getting proper legal representation now.