What is Condition 8 of an AVO?
Condition 8 is a protective order made under section section 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It is the second Order which restricts movement. It states:
You must not go into:
– Any place where the protected person lives;
– Any place where the protected person works; or
– Any other address listed in the AVO.
This condition is designed to prevent unwanted confrontations and protect the personal safety and wellbeing of the protected person. It is often used in situations where the defendant has previously entered or attended locations without permission or where fear has been reported.
What You Can’t Do
You must NOT:
- Enter the protected person’s house, apartment, or share house
- Walk into their workplace — even for a ‘quick word’
- Go into any business, school, or property listed on the AVO
This includes entering via back doors, garages, driveways or side entrances. Courts and police treat this as a clear breach regardless of how long you were inside or if the protected person was present at the time.
What You Can Do
You MAY:
- Attend public areas near the restricted places, as long as you do not enter them
- Request property recovery through police or by Court application
- Apply to vary the order if you believe the restriction is unfair or unworkable
If you’re unsure whether an address is covered by your AVO, consult our criminal defence lawyer Sydney or criminal lawyers Parramatta before making any approach.
Case Study: ‘I Just Went to Drop Something Off’
Ms L was subject to an AVO protecting her ex-partner. She entered her apartment block and left a gift at the door. She was seen on CCTV and reported it to the police.
Even though she didn’t speak to her or enter the unit, the Court held that “entering the common area” of the apartment building was still a breach of Condition 8.
How Courts Treat Condition 8 Breaches
NSW Courts view breaches of Condition 8 as highly serious due to the risks of escalation. According to BOCSAR, over 22,000 AVO breaches were recorded in 2022 – and a significant number involved unauthorised presence at homes or workplaces.
Police have authority to arrest you immediately without a warrant if they believe you have entered a restricted location. In areas like Blacktown, Liverpool, and Parramatta, officers routinely monitor breach locations and use CCTV or neighbours’ reports as evidence.
What Are the Penalties for Breaching Condition 8?
Maximum penalty includes:
- 2 years in prison
- Fine of $5,500
- Potentially a criminal record
Repeat or aggravated breaches (e.g. if there is confrontation or prior warnings) are treated more seriously by NSW Courts. It may also result in related offences such as:
- Stalking or intimidation (s13 CDPVA)
- Trespass under the Inclosed Lands Protection Act 1901
- Breach of bail if additional orders are in place
What Should You Do If Accused of Breaching Condition 8?
- Do not return to the location under any circumstances
- Gather evidence (texts, GPS logs, CCTV) that may explain your movements
- Contact a criminal lawyer Parramatta or best criminal lawyers Sydney immediately
Even accidental entry or genuine confusion about listed addresses can lead to prosecution – don’t delay getting legal help.
How We Can Help
At National Criminal Lawyers®, we regularly defend clients against allegations of entering restricted places under AVOs.
Our experienced team – including criminal lawyers Sydney and Parramatta criminal lawyers can:
- Review the AVO’s wording for clarity and legality
- Negotiate with police or apply to vary the conditions
- Represent you in Court and seek leniency or non-conviction outcomes
- Provide urgent legal advice if you’re unsure whether an address is covered
Whether you need a criminal defence lawyer Sydney or the best criminal lawyers Sydney, our firm is here to protect your rights and record.
Final Takeaway: Don’t Cross the Line
Condition 8 is simple — do not go into any listed home, workplace, or other address.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak with trusted AVO defence experts today.
