case outcome: release from custody and employment saved
This case study highlights how our Sydney criminal defence team acts fast to protect liberty and livelihoods when clients face multiple AVO-related allegations and complex bail risks. It also explains how offences like using a carriage service to menace, harass or offend can intersect with AVO proceedings, and how Community Corrections Orders (CCOs) can be used by the Court to manage risk and support rehabilitation.
original client narrative
Our client a 49-year-old man with a history of ‘assault police’ and ‘destroy/damage property’. In December 2023, he was served with an AVO preventing him from contacting the PINOP (‘Person in Need of Protection’). In January 2024, he was charged with his first ‘contravene AVO’, then with his second ‘contravene AVO’ for contacting the PINOP constantly between February and April 2024. In March 2024, he was charged with ‘use carriage service to harass/menace/offend’ against the same PINOP. In May 2024, he was charged with his third ‘contravene AVO’ against the same PINOP. Our client had been released on bail for each of the ‘contravene AVO’ offences. In July 2024, he was sentenced for two of the ‘contravene AVO’ offences and received a 12-month Community Corrections Order (‘CCO’). In August 2024, while subject to bail for the ‘use carriage service to harass/menace/offend’ and while subject to the CCO for the previous contravene offences, our client was charged with a fourth ‘contravene AVO’ against the same PINOP. Given his history and this being his fourth ‘contravene AVO’ offence in a period of 8 months, he was refused bail by the Police and by the Court. A further detention application was put in by the Police that withdrew his bail for the remainder of the ‘contravene AVO’ offences.
Our client had just accepted a new position at a renowned company but could not commence his employment due to him being in custody. This is when he reached out to us and sought the help of our criminal lawyer Nora Sayed. Our solicitor requested that the Court relist all his matters and thoroughly prepared to have them all finalised as quickly as possible. She presented the Court with relevant evidence of his social and professional support in the community and his employment prospects and petitioned the Court to release him subject to an additional CCO given these protective features. Despite a history that disentitled him to any leniency, the Court agreed to release the client subject to a further CCO and he was able to save his employment. Our client learnt a valuable lesson about the seriousness with which the Courts treat breaches of AVO orders but received a final chance to redeem himself by rejoining the community. Our client was released the same day as his court matters and was grateful that Nora had prioritised his matters and helped him be released from custody at the earliest opportunity.
how our sydney lawyers approached the matter
In parallel with preparing urgent bail submissions, our team gathered objective material showing stable accommodation, employment, and family support. We cross-referenced all risk factors with proposed conditions, including strict non-contact, supervision, and compliance with CCO treatment requirements. See practical guidance on bail applications in NSW and a broader overview of bail laws.
For context, contravening an AVO is an offence under NSW law. The statutory provision is section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Official guidance about AVOs appears on the NSW Police site and the NSW Communities and Justice portal. For bail procedures, see the Local Court and its Bail Division information guide.
A Community Corrections Order is a sentencing option that can include supervision and conditions designed to reduce re-offending. For official material, see the Judicial Commission’s bench book entry on CCOs and Corrective Services’ public factsheet Order Types and Information.
Related reading from our firm: employment saved: client released from custody on a CCO the same day, what happens if I breach my AVO, domestic violence case defences, and assault charges: what you must know.
talk to a sydney criminal lawyer today
If you or a loved one is facing AVO breaches, bail refusal, or carriage service allegations, speak with our Sydney criminal defence team on (02) 8806 0866. Early, informed advice often makes the difference between custody and release.
