AVO Condition 4 Explained: No Contact After Using Drugs or Alcohol

What You Can’t Do

You must NOT:

• Go near or spend time with the protected person after drinking alcohol
• Be around them within 12 hours of taking any illicit drugs
• Rely on your own belief that you were not impaired or ‘still in control’

The 12-hour rule applies strictly. Even a quiet interaction, like dropping off children or speaking calmly, is a breach if it occurs within that window.

What You Can Do (If Sober)

You can:

• Be near or interact with the protected person if you are not under the influence and at least 12 hours have passed since consumption
• Fulfil parenting arrangements or attend shared spaces — as long as you are sober and no other AVO conditions prevent it

But if you’re planning to drink – or take any substances – plan ahead. The safest approach is to avoid all contact for at least 12 hours.

If in doubt, our Penrith criminal lawyers or dedicated Campbelltown AVO solicitors can advise you on how to stay compliant.

Case Study: ‘But I Wasn’t Drunk’

Mr M had an AVO protecting his former partner. One evening, after drinking at a friend’s house, he dropped by her flat to return a shared item. He stayed only 5 minutes and there was no violence – but she reported it to police.

He admitted to drinking earlier and was charged with breaching Condition 4. The Court found that the 12-hour rule was breached regardless of whether he appeared intoxicated.

What Are the Penalties for Breaching Condition 4?

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 your behaviour at the time of the breach, you may also be charged with:

• Stalking or intimidation (s13 CDPVA)
• Offensive behaviour or breach of peace (s4 SOA)
• Breach of bail (if alcohol use was restricted by your bail conditions)

How Courts Treat Condition 4 Breaches

Courts treat breaches of this condition as serious because substance use is closely linked with domestic violence incidents.

According to BOCSAR data, over 30% of AVO breaches involve drugs or alcohol. NSW Police policy assumes a zero-tolerance approach to intoxicated proximity.

Breaches are common in areas like Wollongong, Liverpool, and Newcastle – often reported by the protected person even if no violence occurs.

What Should You Do If Accused of Breaching Condition 4?

If you’ve been charged:

• Avoid contact with the protected person — even if you think it was a misunderstanding
• Record your timeline of events, including what and when you consumed
• Contact our Sydney criminal defence lawyers immediately for urgent advice

Our Newcastle AVO solicitors and Parramatta-based legal team can help prepare your defence and negotiate with police where appropriate.