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Offence of contravening apprehended violence order

Offence title:

Offence of contravening apprehended violence order

Act:

14 Crimes (Domestic and Personal Violence) Act (NSW)

Offence:

A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person commits an offence

Penalty:

Imprisonment for 2 years or 50 penalty units or both

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

An enforceable Apprehended Domestic Violence Order (ADVO) is in place restraining Person A. One of the conditions is that Person A is not to go to the home address of Person B. Person A is caught on CCTV attending the home address of Person B in breach of the ADVO.

Important note:

(2)   A person is not guilty of this unless:

(a)   in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or

(b)   in any other case, the person was served with a copy of the apprehended violence order.

 

(3)   A person is not guilty of this offence if the contravention of the prohibition or restriction concerned:

(a)   was necessary in order to attend mediation under section 21, or

(b)   was done in compliance with the terms of a property recovery order.

(4)   Unless the court otherwise orders, a person who is convicted of this offence must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

 

(5)   Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.

 

(6)   Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.

 

(7)   A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of this offence if the person is a protected person under the order concerned.

 

(8)   A police officer is to make a written record of the reasons for:

(a)   a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of this offence, or attempting to commit it, (whether or not the person is arrested), or

(b)   a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of this offence, or attempting to commit it,

if the police officer or another police officer suspects on reasonable grounds that the person has committed this  offence or attempted to or if an alleged contravention(s) has/have been reported to the police officer or another police officer.

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