Phone and computer giving the person a warning to not call or email the person protected by an AVO
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Understanding the Conditions of an Apprehended Violence Order (AVO) in NSW

ByBlacktown Criminal Lawyers

AVO Conditions: Orders about behaviour

Every ADVO includes condition 1, which is the mandatory or standard condition and is referred to as ‘Orders about behaviour’:

Condition 1

The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

  1. assault or threaten them,
  2. stalk, harass or intimidate them, or
  3. intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

This condition is intended to emphasise and reinforce existing laws against the listed conduct.

To put it another way, each of the listed conduct can amount to a crime in and of itself, but listing these proscribed forms of conduct within apprehended violence orders is intended to make it crystal clear the defendant is not to engage in such actions; doing so can see the defendant not only facing charges for the acts but also the separate and additional offence of contravening an apprehended violence order which is an offence under section 14 of the Crimes (Domestic and Personal) Violence Act 2007 that carries a maximum penalty of 2 years in prison.

It is important to bear in mind that Condition 1 does not only apply to the protected person, it also applies to anyone they have a domestic relationship with.

This means all persons living in the household, including any children, are also covered by condition 1.

Furthermore, due to the wide definition of “domestic relationship”, relatives and family of the protected person are also covered by condition 1, even if those relatives and/or family members live elsewhere other than with the protected person.

Additional Conditions

Depending on the circumstances that lead to the AVO application, additional conditions can be sought to protect the named individual/s.

The additional orders can be further divided as orders relating to:

  • Contact with others,
  • Family law and parenting,
  • Movement, and
  • Firearms.

The additional conditions that can be included in an AVO are:

AVO Conditions: Orders relating to contact

Condition 2

You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

This condition prevents any contact (including through social media, family and friends, and even using the description in bank transfers to send a message) unless the contact is through a lawyer.

Condition 3

You must not approach:

  1. the school or any other place the protected person might go to for study, 
  2. any place they might go to for childcare, or
  3. any other place listed here__________.

This condition places a restriction on where the defendant can specifically go. 

Condition 4

You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs. 

This condition places a restriction on being near the protected person after drinking alcohol or taking illicit drugs. It does not matter if you do not feel drunk or affected.

Condition 5

You must not try to find the protected person except as ordered by a court.

This condition places a restriction and prevents the defendant from looking for the protected person. This includes asking family and friends.

AVO Conditions: Orders relating to family law and parenting

Condition 6

You must not approach the protected person or contact them in any way, unless the contact is – Orders relating to family law and parenting

  1. through a lawyer, or
  2. to attend accredited or court-approved counselling, mediation and/or conciliation, or
  3. as ordered by this or another court about contact with child/ren, or
  4. as agreed in writing between you and the parent(s) about contact with child/ren, or
  5. as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.

This condition gives some flexibility with how and why the defendant can contact the protected person when there are children involved.

AVO Conditions: Orders retraining movement

Condition 7

You must not live at:

  1. the same address as the protected person, or
  2. any place listed here ___.

This condition places a restriction and prevents the defendant from living with the protected person, or at a particular address.

Condition 8

You must not go into:

  1. any place where  the protected  person lives, or
  2. any place where they work, or
  3. any place listed here___ .

This condition places a restriction and prevents the defendant from entering the protected person’s home, work or another specific address.

Condition 9

You must not go within ___ metres of:

  1. any place where the protected person lives, or
  2. any place where they work, or
  3. any place listed here___.  

This condition places a restriction and prevents the defendant from being a specified distance to the protected person’s home, work or other specific address. This includes passing through the area, for example, driving on the street even if it is for an unrelated reason. 

AVO Conditions: Order relating to firearms and prohibited weapons

Condition 10

You must not possess any firearms or prohibited weapons.

This condition places a restriction and prevents the defendant from owning any firearm or prohibited weapon.

A list of prohibited weapons in New South Wales is contained in Schedule 1 of the Weapons Prohibition Act 1998.

For more information on AVO’s see our Apprehended Domestic Violence Orders (AVO) page.

National Criminal Lawyers has extensive experience with assisting clietns with AVOs, please contact us to see how we can help you too.

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