What You Can’t Do

Let’s be clear. Condition 1 does NOT mean you can’t talk to the protected person (unless other conditions restrict contact). But it does mean you can’t:

• Yell, insult, or threaten them in person or over the phone;
• Call them repeatedly to cause distress;
• Follow them around or sit outside their house;
• Smash or damage anything they own;  and/or
• Engage in conduct that would cause a reasonable person to feel fear

Even a single act can trigger a breach of AVO, which is a criminal offence. It is vital that if you are served with an AVO that you fully understand what the condition entails. Our dedicated criminal lawyers in Sydney have dealt with countless of AVO’s and are ready to protect you.

What You Can Do (Unless Other Conditions Apply)

You can still:

• Speak to the protected person calmly (unless banned by another condition)
• Be in the same room, provided your behaviour is non-threatening
• Contact them for legitimate purposes like parenting arrangements — but only if no other conditions forbid it

Remember: AVOs can be layered. Condition 1 is always active, but Conditions 2–11 may impose further restrictions (like no contact or distance rules) – to find our more about the other conditions, click here.

What Are the Penalties for Breaching Condition 1?

If you breach Condition 1, you’re likely to be charged with a second offence based on the same conduct. These may include:

• Common assault (s61 Crimes Act 1900)
• Stalking or intimidation (s13 CDPVA)
• Malicious damage (s195 Crimes Act 1900)
• Use of a carriage service to menace (s474.17 Criminal Code (Cth))

The presence of multiple charges usually hardens the police position – making negotiation much more difficult.

Police are far less likely to agree to amend the AVO, withdraw charges, or issue a caution when there are companion offences involved.

Case Study: “Just Trying to Talk” Leads to Charges

A man from Sydney named as a defendant in an AVO, which was to protect his ex-partner was struggling with his breakup. One night, he saw her at a café and approached her to apologise. She refused to speak to him and asked him to leave. He followed her outside, raised his voice, called her names, and threw a cigarette at the ground near her feet.

Even though he didn’t touch her, she called police.

He was arrested the same night and later charged with breach of AVO (Condition 1) – due to intimidation and threatening behaviour.

How the Courts Treat Domestic Violence Breaches in NSW

NSW courts treat domestic violence matters – and especially breaches of AVOs – with serious concern. Magistrates are under increasing pressure to prioritise community safety, often resulting in a tougher stance on breach allegations.

According to BOCSAR, there were over 34,000 domestic violence-related assault incidents in NSW in the last year – and AVO breaches represent a large proportion of matters prosecuted in the Local Court.

In short: Courts take breaches seriously, and they expect full compliance, even if the protected person initiates contact.

Breaches Are Rarely Treated in Isolation

A single act can lead to multiple charges like assault or using a carriage service to menace. Police are less likely to negotiate with multiple charges on foot…

What Are the Penalties for Breaching Condition 1?

Under section 14 of the Act, breaching any AVO condition is a criminal offence.

Maximum penalty includes:

• 2 years in prison
• Fine of $5,500
• Potentially a criminal record

Even first-time breaches can result in a gaol sentence – especially if the court finds the conduct caused significant genuine fear or involved children.

What Should You Do If You’ve Been Accused of Breaching Condition 1?

If you’re facing allegations of breaching Condition 1:

• Do not contact the protected person again — even to “explain” yourself
• Do not delete your texts, call logs, or social media posts
• Call an experienced criminal lawyer immediately

At National Criminal Lawyers®, we’ve defended hundreds of AVO breach matters — including clients falsely accused or unaware that their conduct was a breach.