AVO Condition 6 Explained: Family Law and Parenting Exceptions

What You Can’t Do

Even with Condition 6 in place, you must NOT:

• Contact the protected person directly unless the purpose is clearly one of the exceptions listed above;
• Use Condition 6 as an excuse for general conversation, venting, or unsolicited messages; and/or
• Communicate outside of the agreed written terms – especially when emotional or under the influence

Breaches often occur when one parent assumes an informal text about the children is acceptable. If it’s not through a lawyer, in writing, or clearly agreed upon – it may still be a breach.

What You Can Do

You MAY:

• Contact the protected person *only* in the specific situations listed above;
• Attend court-ordered mediation, counselling, or family dispute resolution sessions;
• Engage lawyers to communicate about parenting matters; and/or
• Make written parenting agreements that explicitly permit contact

To avoid confusion, always keep a written record of agreed communications and speak to a lawyer before initiating any contact. Our Parramatta and Sydney criminal defence lawyers can help clarify your rights.

Case Study: ‘But It Was About the Kids!’

Mr. R had an AVO protecting his ex-partner. He sent her a series of messages asking when he could see the kids during the school holidays. Although the messages were not abusive, she had not provided written agreement or gone through their lawyers.

She reported the communication. Unfortunately, Mr. R was charged with breaching the AVO. The court emphasised that Condition 6 does NOT give a general right to contact – only specific contact as defined in the condition.

Why Condition 6 Exists

Many AVOs are made between people who share children. Without Condition 6, all contact would be banned — even when coordinating lawful parenting arrangements.

Condition 6 is designed to balance the rights of both parties — allowing essential communication for parenting, while still offering legal protection and clear boundaries.

However, police and the courts are cautious. Unless the exception is clearly proven, any contact may result in criminal charges.

What Are the Penalties for Breaching Condition 6?

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

More serious consequences apply where contact involved threats, manipulation, or repeated breaches. In addition to breaching the AVO, you may be charged with:

• Stalking or intimidation (s13 CDPVA)
• Use of a carriage service to menace (s474.17 Criminal Code (Cth))
• Contravening Family Law Act orders, if you defy parenting arrangements already in place

How Courts View Breaches of Condition 6

NSW courts take a pragmatic but firm approach. They understand parenting is emotional — but they expect full compliance with AVO terms.

Judicial officers look closely at the context:

• Was the contact clearly for child-related purposes?
• Was it agreed upon or made through proper channels?
• Was it respectful and limited in scope?

It’s important that you contact an experienced criminal defence lawyer sydney to navigate these contextual nuances.

What Should You Do If Accused of a Condition 6 Breach?

• Don’t attempt further contact – even to explain or apologise
• Save all relevant messages, court orders, or written agreements
• Seek immediate legal advice

Our criminal lawyers Sydney and Parramatta criminal lawyers are ready to assist. We’ll assess your case, speak with police, and protect your rights.