Breach of ADVO/AVO/IVO – Laws, Penalties & Defences in Australia

Breach of an Apprehended Domestic Violence Order (ADVO)—also known as AVO (Apprehended Violence Order) or IVO (Intervention Order) depending on the state—is a criminal offence in Australia. These orders are issued by courts to protect people from violence, harassment, intimidation, stalking, or contact.

A breach occurs when the person subject to the order (“respondent”) disobeys one or more of the order’s conditions—even if the protected person consents to contact. Police and courts treat breaches seriously as they are considered a threat to personal safety and court authority.

This guide explains what constitutes a breach, how charges are laid, what happens in court, possible legal defences, and how each state and territory enforces these orders.

What Is a Breach of an ADVO/AVO/IVO?

A breach occurs when a person subject to an order:

• Contacts, approaches, or communicates with the protected person (if prohibited)

• Attends places restricted under the order (home, work, school)

• Threatens, harasses, or stalks the protected person

• Fails to comply with conditions like surrendering weapons or attending counselling

Important note:

Even if the protected person initiates contact or “invites” you to breach the order, you are still legally at fault for the breach.

How Are Breach Charges Laid?

Police can lay breach charges after:

• A complaint from the protected person

• Witness observations or CCTV footage

• Communication records (calls, texts, emails, social media)

• GPS location tracking or proximity alerts

• Proactive police monitoring or follow-up visits

Breaches are usually investigated and prosecuted immediately, especially in domestic violence contexts. Police can arrest the respondent on the spot.

Court Process for Breaching an ADVO/AVO/IVO

Breach offences are prosecuted in:

• Local/Magistrates’ Courts across Australia

The court process includes:

1. First appearance – You are informed of the charge and enter a plea

2. Disclosure of evidence – Police provide witness statements, recordings, etc.

3. Hearing or sentencing – Depending on whether you plead guilty or not

4. Penalty imposed – Based on type of breach, history, and risk to protected person

Breaches are taken especially seriously if:

• It involves violence, stalking, or threats

• There are multiple breaches or a history of abuse

• Children are involved or witness the breach

Available Legal Defences

Common defences to breaching an ADVO/AVO/IVO include:

• Lack of knowledge – You were unaware the order had taken effect

• Accidental breach – You encountered the person in a public place unintentionally

• No actual breach occurred – The condition was not violated

• False allegations – The complaint was fabricated

• Duress or necessity – You had to contact the person for safety or emergency reasons