Going to Court? Book Your Free First Appointment

Suspected AVO Defendant Providing False or Misleading Identity Information to Police

Being a suspected defendant in an apprehended violence order who provides false or misleading information to a police officer about identity is an offence under section 13C of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of a fine equivalent to two penalty units.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were required under section 13A of the Act to provide your identity to a police officer, and
  2. You gave a name that was false in a material particular or an address other than your full and correct address.

Section 13A of the Act requires you to disclose your identity to a police officer if your identity is not already known to the officer and the officer suspects on reasonable grounds that an interim, provisional or final apprehended violence order has been made against you.

You are not guilty of the offence if you establish, on the balance of probabilities, that you had a reasonable excuse for your conduct.

General legal defences to the offence include duress, necessity and self-defence.

If you are able to raise evidence of a general legal defence, the onus then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply to the circumstances of the case.

You are entitled to an acquittal if the prosecution is unable to do this.

What Our Clients Say SEE ALL

  • ★★★★★

    She managed to get both my charges dropped

    Was represented by Rachel Martin, and she managed to get both my charges dropped. Without…

  • ★★★★★

    High level of attention and responsiveness kept up the whole time he was working on my case

    Arvind Jador stepped in and took over my case and stayed really responsive to all…

  • ★★★★★

    Provided great advice and she achieved a great outcome for myself

    Ash provided great advice and she achieved a great outcome for myself.

  • ★★★★★

    Amazing from start to finish

    Having a family member in a horrible situation Sydney Criminal Lawyer were great and Jayden…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages


Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)