What is Condition 7 of an AVO?
Condition 7 under section 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) is one of the more straightforward terms. It is the first of three Orders which restrain movement.
It states:
You must not live at:
A. The same address as the protected person; or
B. Any other address listed in the AVO.
This restriction is usually applied where the defendant and protected person previously lived together. It is designed to create physical separation to ensure safety, and to remove tension or intimidation arising from close proximity.
What You Can’t Do
You must NOT:
- Remain living at a property where the protected person resides
- Return to collect belongings without police assistance or express permission
- Temporarily ‘stay over’ or ‘crash’ at a shared address even for a single night
- Stay at another listed address (e.g., family home, workplace, friend’s house) that the Court has identified as restricted
What You Can Do
You MAY:
- Live at any address not listed in the AVO
- Retrieve personal property with police supervision if allowed by a separate property recovery order
- Ask the Court (through your criminal defence lawyer Sydney) to vary the AVO if housing arrangements are unfair or impractical
If your only available housing is a shared property, legal advice from criminal lawyers Parramatta or criminal defence lawyer Parramatta may be critical.
Case Study: ‘I Was Just Sleeping in the Shed’
J was subject to an AVO protecting his ex-partner. He was found by police sleeping in the garden shed of their former shared home. He claimed he had nowhere else to go and did not speak to her.
The Court still found that he had breached Condition 7. The rule is about residence — not proximity – and applies even if the protected person isn’t aware you’re staying there.
What Are the Penalties for Breaching Condition 7?
Maximum penalty includes:
- 2 years in prison
- Fine of $5,500
- Potentially a criminal record
Depending on the nature of behaviour and existing conditions, it may also result in:
- Stalking or intimidation (s13 CDPVA)
- Trespass or unlawful entry offences (s4 ILPA)
- Breach of bail conditions if imposed
NSW Police and Courts treat living arrangement breaches seriously — particularly in suburbs like Penrith, Blacktown, and Liverpool, where protective monitoring is common.
What Should You Do If Accused of Breaching Condition 7?
- Do not return to the address – even briefly
- Make immediate arrangements to stay elsewhere
- Save texts, lease agreements, or photos that explain your living situation
- Contact our team of the best criminal lawyers Sydney to prepare your defence
How We Can Help
At National Criminal Lawyers®, we regularly assist clients in navigating AVO conditions like Condition 7.
Our experienced Parramatta criminal lawyers and criminal defence lawyer Sydney can:
- Advise you on your obligations under the order
- Apply to vary the AVO where the address restriction causes undue hardship
- Represent you if charged with a breach
- Negotiate for alternatives to strict bail or removal from housing
Whether you live in Blacktown, Campbelltown, or are searching for a criminal lawyer Parramatta, we are here to defend your rights and protect your future.
Final Takeaway: Find a New Address – Before It’s Too Late
Living at the same address – or one listed in the AVO – is a clear breach. Even good intentions or desperation won’t excuse the offence.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak with the best criminal lawyers Sydney has to offer.
