SSD,
You do indeed call it the avoid curve. But it's only to be avoided where possible, not if the alternative is worse. I saw a picture somewhere during my training of a helicopter in a confined area surrounded by trees, caption: "In the avoid curve, or in the trees?" So for your exaple, I think it would be: "In the avoid curve, or hauled up in front of the CAA?" I think I know which one I'd prefer.