What is Condition 3 of an AVO?
Condition 3 is one of the standard discretionary conditions under section section 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It prevents the defendant from going near the protected person’s home, workplace, or school.
It contains three subconditions:
A. You must not approach the protected person’s school or any other place they might go to for study.
B. You must not approach any place the protected person might go to for childcare.
C. You must not approach any other place listed in the order.
In most cases, the court sets a distance restriction – commonly 100 metres – but this can vary. The purpose is to prevent intimidation, fear, or unwanted physical presence.
It often however becomes a little difficult when you share children together or live in the same street. It is important you cannot comply with this condition, you contact our dedicated Blacktown Criminal Lawyers to guide you through your options.
What You Can’t Do
Under Condition 3, you must NOT:
- Enter or loiter near the protected person’s house or workplace
- Drop by their school, university, or TAFE
- Wait nearby in your car or pass the location repeatedly
Even if the protected person is not present at the time – just being within the restricted area is a breach. This applies even if the contact was unintended or brief.
What If I Didn’t Know They Were There?
The law does not require intent to breach. If you’re found inside the restricted zone – even by accident – it can still be treated as a breach. You may need to prove you had a lawful or reasonable excuse with guidance of our Sydney Criminal Lawyers.
In busy areas or shared spaces (like apartment blocks or shopping centres), it’s crucial to be cautious and avoid any risk of proximity.
What You Can Do (Unless Prohibited by Other Conditions)
While Condition 3 restricts your physical proximity to the protected person’s home, work, or school, you may still:
- Travel on public roads or footpaths that happen to pass near the protected address, provided you’re not loitering or deliberately breaching the distance specified in the order
- Attend shared spaces or facilities (e.g. shopping centres, gyms) as long as the order doesn’t explicitly prohibit those places
- Communicate with the protected person — only if there is no Condition 2 in place (which prohibits contact)
- Make child arrangements or property retrievals — if clearly permitted by the AVO or done through a lawyer or police assistance
Important: You may apply to vary the AVO to allow specific visits or neutral drop-off zones for children. Always speak with our Parramatta Criminal lawyers or Blacktown criminal solicitors before taking any action that might risk a breach.
Case Study: ‘He Was Just Parked Nearby’
Mr T had an AVO protecting his ex-girlfriend. One day, he drove to her street to drop off a mutual friend’s belongings. He stayed in his car the entire time.
A neighbour saw him and called the police. He was charged with breaching Condition 3 because he was parked within 50 metres of her house – well within the exclusion zone set at 100 metres.
The court found his presence alone was enough to justify the breach.
What Are the Penalties for Breaching Condition 3?
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
Where breaches are threatening, or involve stalking-like behaviour, courts often add charges under:
- Stalking or intimidation (s13 CDPVA)
Breaches near schools or involving repeat conduct may result in more severe penalties.
How Courts Treat Proximity Breaches
NSW courts take these breaches very seriously — especially in areas like Parramatta, Blacktown and Penrith. These suburbs see high enforcement activity.
According to BOCSAR, proximity breaches frequently coincide with more serious conduct such as intimidation or stalking.
Even one-off incidents may lead to:
- Arrest and bail refusal
- Electronic monitoring
- Strict bail conditions or curfews
What Should You Do If You’ve Been Charged with Breaching Condition 3?
Do NOT return to the restricted location — even if you believe you’ve done nothing wrong.
Save any relevant dashcam footage, text messages, or call logs that support your case.
Contact our Campbelltown criminal lawyers or trusted AVO defence team in Newcastle immediately.
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
At National Criminal Lawyers®, our Sydney AVO lawyers have successfully defended hundreds of clients facing AVO breaches. Whether you’re based in Liverpool, Wollongong or Burwood — we’re here to protect your record, freedom and reputation.
Final Takeaway: Don’t Step Too Close
Condition 3 may seem simple — but it’s strictly enforced. Even unintentional presence can lead to serious charges.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak with a local AVO defence expert today.
