What is Condition 11 of an AVO?
Condition 11 of a New South Wales Apprehended Violence Order (AVO) is a discretionary condition under section 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Unlike the other discretionary conditions 2-11, Condition 11 allows the Court to impose any other condition it considers necessary or desirable in the circumstances – it is NOT a fixed condition, it is customisable.
This means that the wording and impact of Condition 11 can vary significantly from case to case.
What You Can’t Do
Condition 11 can be used to prohibit a wide range of conduct, such as:
- Damaging or interfering with the protected person’s property;
- Not to contact the protected party except by say email;
- Entering a particular property or area;
- Contacting the protected person in certain ways; and/or
- Engaging in any other conduct the Court believes would pose a risk
What You Can Do
You may still be able to:
- Access shared property under a property recovery order
- Apply to vary or remove Condition 11 through the Court
- Communicate through lawyers to negotiate terms
- Request Court clarification of what is and isn’t allowed
Examples of Condition 11 in Action
A court imposed condition 11 on our client. It read: “The defendant must not publish or cause to be published any material about the protected person on social media or other public platforms”.
The defendant post a TikTok video or Instagram story referencing the protected person but did not name them. He was later charged even without naming them explicitly, breaching the AVO.
What are the Penalties for Breaching Condition 11?
Under section 14 of the Crimes (Domestic and Personal Violence) Act, a breach of any AVO condition is a criminal offence.
Maximum penalty includes:
- 2 years in prison
- Fine of $5,500
- Potentially a criminal record
Depending on the nature of the breach, you may also be charged with:
- Stalking or intimidation (s13 CDPVA)
- Use Carriage Service to Menace, Harass, Offend (s474.17 Criminal Code 1995 (Cth))
- Intentional or reckless property damage (s195 Crimes Act 1900)
- Breach of bail if you were already on conditions
- Coercive control or domestic violence offences if the context supports those charges
What Should You Do If Accused of a Breaching Condition 11?
This depends heavily on what the condition actually is, but, in general, do NOT:
- Attempt to apologise or explain to the protected person
- Re-enter the property or make contact
- Assume it’s not serious
Instead, do:
- Contact criminal lawyers Sydney or criminal lawyers Parramatta immediately
- Keep records of your actions and intentions
- Comply fully with the AVO until it’s changed or lifted
How We Can Help
At National Criminal Lawyers®, our experienced criminal lawyers Sydney and domestic violence lawyers can:
- Apply for a property recovery order
- Defend you against allegations of breach
- Challenge whether the AVO condition was clearly explained or understood
- Argue for variation or removal of Condition 11
- Help avoid a criminal record
We’re available 24/7 to protect your rights and future.
Final Takeaway: Hands Off Means Hands Off
Condition 11 gives the Court flexibility to protect those in need — but that flexibility can also create confusion. Never assume you know what’s allowed. Seek legal advice before acting.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak with our criminal lawyers Sydney and get the help you need today.
