What is Condition 2 of an AVO?
Condition 2 is one of the additional discretionary conditions under section 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It states that:
“You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.”
It contains two key sub conditions:
A. The defendant must not approach the protected person or contact them in any way, including by phone, text, email, social media, or through a third party.
B. The defendant must not approach the protected person through another person, unless through a legal representative or police officer.
Together, these sub conditions create a nearly complete ban on communication, including indirect contact – unless explicitly authorised by the order or law.
What You Can’t Do
Even if you think the contact is harmless, under Condition 2 you must NOT:
- Call, text, email the protected person whatsoever, even to say sorry, check on them, or explain;
- Send them gifts, letters, or ask others to deliver messages;
- Comment on or respond to their posts on social media; and/or
- Appear in their DMs or even send a reaction emoji
NSW Courts have also accepted that posting about the protected person online – even without naming them – may breach the condition. Memes, vague threats, or emotional outbursts on Facebook or Instagram may be used as evidence.
What if she contacts me first? What if I’m only responding?
Even if the protected person initiates contact or says they want to speak with you, it is still a breach if you respond. The law only restricts your behaviour, not theirs. Even if it seems ‘unfair’ and they provoked you to respond.
What You Can Do (If Permitted)
You may still contact the protected person:
- Through a lawyer, for example, to arrange family law matters
- Through police, if there’s an urgent safety concern
Unless another condition expressly allows it, you cannot contact them for any other reason.
If you need to communicate for parenting arrangements or property, you should seek a variation order or legal advice from our Parramatta criminal lawyers to apply to amend the conditions before a Court before acting.
Remember: If you have shared parenting responsibilities, the AVO does not automatically make exceptions. You must clarify this with your lawyer and the Court. The AVO can override parenting orders unless varied.
What Are the Penalties for Breaching Condition 2?
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
- Stalking or intimidation (s13 CDPVA)
- Use of a carriage service to menace (s474.17 Criminal Code (Cth))
Case Study: “Just One Text” Turns Criminal
Mr J was subject to an AVO protecting his ex-partner. After weeks of no contact, he texted, “I miss you. Please talk to me.” She screenshot it and went straight to police.
Despite J’s intentions being non-threatening, the contact itself was enough to trigger a breach of Condition 2. He was charged, and the police opposed bail on the basis of ongoing risk.
He was released under strict supervision only after his legal team (including award-winning lawyer Michael Moussa) successfully argued for bail with conditions to mitigate any risks to the complainant and the community.
How the Courts View Breaches of Condition 2
NSW Courts take a firm approach. Breaches involving contact often lead to:
- Arrest and detention (especially if the victim reports fear)
- Refusal of bail or imposition of strict conditions
- Additional charges (e.g., use of carriage service to harass)
According to BOCSAR, over 9,000 breach AVO matters involving unauthorised contact were finalised in NSW Courts last year alone.
Police frequently use telecommunications data, screenshots, and body-worn camera footage to support these prosecutions — even deleted messages can sometimes be retrieved.
What Should You Do If Accused of Contacting Someone in Breach of Condition 2?
- Do not reply or engage further – even to apologise or “explain” yourself
- Preserve the messages and seek legal advice immediately
- Avoid deleting anything – it may be used to show your side of the story
At National Criminal Lawyers®, our experienced Penrith criminal lawyers and Campbelltown defence solicitors know how to:
How We Can Help
Our Sydney Criminal Lawyers can:
- Explain your rights and obligations under the AVO
- Review the police case and challenge weaknesses
- Negotiate with police to reduce or withdraw charges
- Defend you at hearing if necessary
- Assist with varying or revoking the AVO if appropriate
Our legal strategy is tailored to your case – whether you’re in Blacktown, Liverpool, or the Sydney CBD, we can fight for your freedom, record, and reputation.
Final Takeaway: Silence Is Safety
Condition 2 means no contact means no contact. If you want to clear your name or make changes to the order, we can help you legally and safely.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak to a criminal defence specialist near you.
