Criminal Legislations

Section 14 Crimes (Domestic and Personal Violence) Act 2007 | Contravening Apprehended Violence Order


Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 is the offence of ‘contravening an apprehended violence order’.

The section prescribes a maximum penalty of 2 years’ imprisonment and/or a fine of $5,500 for anyone who contravenes an AVO.

If you are going to court, call Sydney Criminal Lawyers® for a Free First Appointment on (02) 9261 8881.

The Legislation

Section 14 is titled ‘Offence of contravening apprehended violence order’ and provides that:

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence. Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both.

(2) A person is not guilty of an offence against subsection (1) 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 an offence against subsection (1) 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 an offence against subsection (1) 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 an offence against subsection (1) 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 subsection (1) or (9) (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 subsection (1) or (9), if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.

(9) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

Section 13 Crimes (Domestic and Personal Violence) Act 2007 | Stalking or Intimidation


Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 contains the offence of ‘stalking or intimidating’.

It prescribes a maximum penalty of 5 years’ imprisonment and/or a fine of $5,500 for those who stalk or intimidates others with the intention of causing  fear physical or mental harm.

If you are going to court, call Sydney Criminal Lawyers® today for a Free First Conference on (02) 9261 8881.

The Legislation

Section 13 of the Act provides that:

(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence. Maximum penalty: Imprisonment for 5 years or 50 penalty units, or both.

(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.

(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.

(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.

(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

The definitions of ‘intimidation’ and ‘stalking’ are contained in sections 7 and 8 of the Act which state:

Section 7 “intimidation”

(1) For the purposes of this Act, “intimidation” of a person means:
(a) conduct amounting to harassment or molestation of the person, or
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.

(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

Section 8 “stalking”

(1) In this Act, “stalking” includes the following of a person about or the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity.

(2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) Sections


The Crimes (Domestic and Personal Violence) Act 2007 (NSW) sets out the rules about Apprehended Violence Orders (or ‘AVO’s) such as:

• Who can apply for an AVO,
• When AVO’s can be applied for, or in some circumstances must be applied for,
• What the Court must consider when deciding whether to grant a Final AVO,
• What can be contained in an AVO,
• When an AVO can be revoked, etc.

Although AVO’s are not technically ‘crimes’, the Crimes (Domestic and Personal Violence) Act does contain two criminal offences; which are section 13 ‘Stalking or Intimidating’ and section 14 ‘Contravene AVO’.

Please click on the links below to read those sections.

If you are charged with either offence, Sydney Criminal Lawyers® can assist you by:

• Accurately advising you about the charge,
• Writing to police and formally requesting withdrawal of the charge,
• Defending you in Court, and/or
• If you wish to plead guilty, assisting you to obtain the best possible outcome including non-conviction orders such as section 10(1)(a) dismissals and conditional release orders.

Going to Court? Call us today for a Free First Appointment on (02) 9261 8881.

Section 13 Crimes (Domestic and Personal Violence) Act 2007 | Stalking or Intimidation

Section 14 Crimes (Domestic and Personal Violence) Act 2007 | Contravening Apprehended Violence Order