What is Condition 5 of an AVO?
Condition 5 is a discretionary restriction imposed under 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It states:
You must not try to find the protected person except as ordered by a Court.
This condition is designed to stop defendants from attempting to locate the protected person through any means, unless a Court has explicitly permitted it (for example, through family law proceedings or supervised parenting orders).
The restriction applies regardless of intent – even attempts that appear harmless or are motivated by concern may still breach the order.
What You Can’t Do
Under Condition 5, you must NOT:
- Search for the protected person in person or online
- Ask mutual friends, family, or colleagues where they are
- Hire a private investigator or check their social media to determine their whereabouts
- Attend places they are known to visit in the hope of seeing them
What if I’m just making sure they’re safe?
Even if you think the reason is innocent – such as checking if they are safe or wanting to apologise – the law views any effort to locate them as a breach of Condition 5.
What You Can Do (Only with Court Approval)
The only time you may try to find or locate the protected person is if a Court order explicitly allows it. This may include:
- Parenting orders involving child handovers
- Property recovery orders
- Subpoenas or Family Court contact arrangements
If you believe you need to locate the protected person for legal or urgent reasons, speak to a lawyer about seeking a variation of the AVO or a new order through the appropriate Court.
Case Study: ‘I Only Asked Her Sister’
Mr D was the subject of an AVO protecting his ex-partner. He had not contacted her directly, but asked her sister if she knew where she was staying so he could ‘check if she was okay’. The sister reported the conversation to police.
Even though no threats were made and he did not try to contact the protected person directly, D was charged with breaching Condition 5. The Court found that by enquiring about her whereabouts, he had deliberately tried to find her, which breached the order.
Why This Condition Matters
This condition recognises that many defendants attempt indirect contact after AVOs are made – including through surveillance, social media, and word of mouth.
The purpose of Condition 5 is to protect the protected person’s physical and emotional safety by removing the possibility of being located or monitored by the defendant. This ensures they are free to live, travel, and work without fear of being tracked down.
In practice, police and Courts treat even subtle or one-off breaches seriously – especially where there is a history of coercive control, stalking, or intimidation.
How Courts Treat Breaches of Condition 5
NSW Courts consistently take Condition 5 breaches seriously. According BOCSAR, indirect breaches such as attempts to locate a protected person are a key feature in stalking and intimidation cases under section 13 of the Act.
Even if the protected person is not physically found, the attempt alone is sufficient for a breach. Courts do not require proof that you intended harm — just that you attempted to find them.
Breaches in suburbs like Penrith, Blacktown and Campbelltown frequently lead to arrest, strict bail conditions, and additional orders limiting movement and technology use.
What Are the Penalties for Breaching Condition 5?
Maximum penalty includes:
- 2 years in prison
- Fine of $5,500
- Potentially a criminal record
In more serious cases, especially where there are repeated attempts to track or monitor the protected person, Courts may impose full-time custody.
Attempting to find the protected person can also lead to companion charges such as:
- Stalking or intimidation (s13 CDPVA)
- Use of a carriage service to menace (s474.17 Criminal Code (Cth))
- Breach of bail if a non-contact condition was also in place
What Should You Do If You’re Accused of Trying to Locate the Protected Person in Breach of Condition 5?
If you’ve been charged:
- Do not try to ‘explain’ your actions to police or the protected person
- Save any evidence (messages, location data) that might show you didn’t intend to find them
- Contact a criminal lawyer immediately to assess whether there is a defence or grounds to challenge the charge
At National Criminal Lawyers®, our experienced Campbelltown criminal defence lawyers and Parramatta AVO solicitors regularly represent clients facing complex breach allegations of AVO’s.
How We Can Help
Our firm has acted in thousands of AVO and breach matters across NSW. We understand the technical and emotional complexity of Condition 5 breaches.
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
From Newcastle to Wollongong, our trusted defence team is here to protect your rights and restore your peace of mind.
Final Takeaway: Don’t Look, Don’t Ask
Condition 5 is clear — if you’re trying to find the protected person, you’re at risk of a criminal charge. The safest option is to avoid all efforts to discover their location unless a Court expressly allows it.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak to a criminal defence expert today.
