Although an ADVO is dealt with in the Local Court, it is not itself a criminal charge. A breach of an ADVO, however, is a criminal offence. Under current NSW law, a standard breach can carry a maximum penalty of a $5,500 fine and/or 2 years imprisonment. Where the breach involves an act of violence and the defendant is an adult, imprisonment can be the starting point for sentence.
If you are a protected person under an ADVO and the defendant has breached the Order, you should contact Police and report the breach as soon as possible. Police can investigate the matter, and if there is sufficient evidence, the defendant may be arrested and charged.
If you have been charged with breaching an ADVO, it is important to obtain legal advice as early as possible. This is particularly important where the Order may also affect parenting arrangements or other family law issues.
Request Your Complimentary Call
Fill out the form below to speak to request your complimentary call with a family lawyer.
At O’Loan Family Law, we understand that reaching out for legal support can feel like a big step. We are here to help you understand your options, protect what matters most, and move forward with clarity and confidence.
Whether you need advice about an ADVO, parenting arrangements, or the next steps in your separation, our team is here to support you.
Book your complimentary call to discuss your situation and find out what to do next.
