Serious DVO and AVO Breaches (NSW)
In September 2024, the New South Wales government passed legislation creating a number of new offences relating to breaching an apprehended violence order (AVO) or domestic violence order (DVO). These offences involve more serious instances of contravening an order than the existing breach AVO offence. This page outlines the new offences and the penalties they can attract.
Legislation
The new offences are contained in the Crimes (Domestic and Personal Violence) Act 2007.
Breach AVO or DVO
The new offences coexist alongside the existing offence of breaching an AVO or DVO which is contained in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.
A breach of an AVO or DVO under that provision occurs when a person knowingly breaches in AVO. It attracts a maximum penalty of imprisonment for two years or a fine of 50 penalty units, or both.
Intentional breach
Under the 2024 changes, a person can now also be charged with an aggravated offence of breach AVO or DVO, if the offence is committed with the intention of causing mental or physical harm to the protected person, or causing the protected person to fear for the safety of a person.
An aggravated breach offence is punishable by a maximum penalty of imprisonment for three years, a fine of 100 penalty units, or both.
Persistent breaches
A person is also guilty of an aggravated breach DVO or AVO offence if they commit three breaches of an order in respect of the same protected person within a period of 28 days, in circumstances where a reasonable person would consider the conduct to be likely to cause harm or fear to the protected person.
A person who is guilty of repeatedly breaching an order is liable to a maximum penalty of imprisonment for five years, a fine of 150 penalty units, or both.
Breaching a serious domestic abuse prevention order
A person who knowingly breaches a serious domestic abuse prevention order is guilty of an offence under section 87E and is liable to a maximum penalty of imprisonment for five years, a fine of 300 penalty units, or both.
A serious domestic abuse prevention order is an order that is made against a person who has:
- committed two or more domestic violence offences that carry a maximum penalty of imprisonment for seven years or more; or
- has been involved in serious domestic abuse activity.
Reasons for the changes
Prior to the changes, the maximum penalty that could be imposed for breaching an AVO or DVO in New South Wales was imprisonment for two years.
The introduction of more serious offences is intended to target repeated and severe instances of contravening orders and to empower courts to impose longer sentences in these cases, where risks are higher and escalating.
The changes represent a shift from a single generic offence to a tiered system of offences of contravening orders.
It is important to note that New South Wales law does not contain any mandatory sentencing provisions in relation to offences of breaching DVOs and AVOs. Rather, the courts have the discretion to impose the appropriate penalty in the circumstances within the sentencing range prescribed under the legislation.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.