AVO Condition 9 Explained: Keep Your Distance

What You Can’t Do

You must NOT:

• Drive, walk, or pass within the restricted distance of the protected person’s home, workplace, or listed address
• Wait in a car or stand near the protected location, even for a short time
• Enter nearby shops, schools, or cafes just to ‘accidentally’ be within range

Even being within the exclusion zone briefly – for example, while driving past – may constitute a breach if there’s evidence of intent or repeated behaviour.

What You Can Do

You MAY:

• Travel on a public road that intersects the restricted zone, provided there is no viable alternative and you do not stop
• Request a variation of the AVO if the exclusion zone impacts your ability to get to work or drop off children
• Seek police escort or written arrangements for shared parenting or property recovery

Our criminal defence lawyer Sydney team and criminal lawyers Bankstown can help apply to change your conditions if needed.

Case Study: ‘I Was Just Driving to Work’

Mr. B had a 100-metre restriction from his ex-wife’s workplace. He argued that he was simply passing by on the way to work. However, CCTV showed him passing the street multiple times in a day.

The Court found that his repeated drive-bys showed deliberate proximity and charged him with breaching Condition 9.

Can I drive down a street if my GPS routes me that way?

Possibly – but you should speak to a criminal lawyer Parramatta to ensure it won’t be interpreted as a breach. It’s important to note that if you breach the restriction multiple times, like in the example above, even a GPS route excuse may not work –a repeated breach may be evidence for intent.

Accidental proximity may still result in charges, though your intent is a factor Courts will consider.

If you live or work near a listed place, then you can apply to vary the AVO. National Criminal Lawyers® often assists clients who face unreasonable geographic restrictions.

How Courts Treat Condition 9 Breaches

NSW Courts expect defendants to avoid any proximity that may distress or intimidate the protected person. According to BOCSAR, over 20,000 breaches of AVOs occur annually, and proximity-related breaches are among the most commonly prosecuted.

Courts assess factors like repetition, reason for being nearby, and whether the contact was avoidable. In high-surveillance suburbs like Liverpool, Campbelltown, and the Sydney CBD, enforcement is strict.

What Are the Penalties for Breaching Condition 9?

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

If the breach involved repeat conduct or appeared deliberate, Courts often impose stricter penalties. Depending on the nature of the breach, additional charges might apply, such as:

• Stalking or intimidation (s13 CDPVA)
• Loitering or offensive conduct (s4 SOA)
• Breach of bail (if similar restrictions are in place)

What Should You Do If Accused of Breaching Condition 9?

• Avoid any further proximity or explanation attempts
• Record your movements, GPS data, or dashcam evidence
• Contact a criminal lawyer Parramatta or best criminal lawyers Sydney for urgent legal advice