When an Apprehended Violence Order is made, one of the most confusing issues is communication.
People often ask:
If both of us want to talk, is that allowed?
The short answer is: it depends entirely on the conditions of the order.
An AVO is a court order. The conditions written in that order determine what is permitted and what is prohibited. Assumptions, informal agreements or mutual consent do not override the wording of the order. This can become particularly important where there are overlapping family law arrangements, such as parenting orders that also regulate communication.
Misunderstanding this can lead to criminal charges and complications in related family law proceedings.
Let’s unpack how communication works when an AVO is in place.
The Starting Point: Read The Conditions
Every AVO contains mandatory conditions and may include additional conditions.
The standard mandatory conditions usually prohibit:
- Assault
- Threats
- Stalking
- Intimidation
- Property damage
These conditions alone do not necessarily prevent communication.
However, many AVOs include additional no contact conditions.
These often prohibit:
- Direct communication
- Indirect communication
- Approaching within a specified distance
- Contact through social media
- Contact via third parties
If a no contact condition exists, communication is prohibited unless specifically allowed.
The wording matters.
What Does “No Contact” Actually Mean?
A no contact condition typically prohibits all forms of communication.
This includes:
- Phone calls
- Text messages
- Emails
- Social media messages
- Letters
- Indirect messages through friends or family
Even responding to a message from the protected person can constitute a breach.
This is one of the most common misunderstandings.
The responsibility to comply rests on the defendant.
Mutual communication does not cancel the order.
What If Both Parties Agree To Communicate?
This is where people get into trouble.
Even if both parties want to speak, the AVO remains enforceable.
The protected person cannot give permission to breach the order.
Only a court can vary or revoke it.
If the defendant communicates in breach of the order, they risk arrest and criminal charges.
Consent is not a defence.
Exceptions For Parenting And Practical Arrangements
Some AVOs include specific exceptions to allow limited communication for certain purposes.
These may include:
- Communication about children
- Communication through a lawyer
- Communication via a parenting app
- Arranging changeover times
If such exceptions are written into the order, communication within those boundaries is permitted.
However, communication outside those boundaries remains prohibited.
Strict compliance with the wording is essential.
Communication Through Third Parties
Many AVOs prohibit indirect communication.
This means the defendant cannot ask someone else to pass on a message.
For example:
- Asking a friend to deliver a note
- Getting a relative to send a message
- Using children to communicate
Indirect contact can be treated as a breach.
Courts look at the substance of the conduct, not just the form.
What About Accidental Contact?
Accidental encounters in public places are sometimes unavoidable.
If there is a condition prohibiting approaching within a certain distance, the defendant should leave immediately upon realising the protected person is present.
Remaining in close proximity can amount to a breach.
Documenting the circumstances and avoiding escalation is important.
Intent may be considered, but risk is significant.
A Practical Example
Consider this scenario.
An interim ADVO prohibits all contact.
A week later, the protected person sends a message saying they want to talk and reconcile.
The defendant replies.
Police later become aware of the exchange.
Despite the mutual communication, the defendant is charged with breach.
The protected person’s consent does not excuse the conduct.
This is a common and costly mistake.
Can The Order Be Changed To Allow Communication?
Yes.
If both parties wish to resume communication, an application can be made to the court to vary the conditions.
The court will consider whether variation is appropriate and safe.
Until the court formally changes the order, the original conditions remain binding.
Act first through legal channels, not through direct contact.
Impact On Family Law Matters
Where children are involved, strict no contact conditions can complicate parenting arrangements.
Courts may allow communication solely for child related purposes.
This may include:
- Using structured communication platforms
- Communicating through solicitors
- Attending supervised changeovers
If parenting orders exist, careful coordination is required to avoid inconsistency.
Legal advice is critical in overlapping matters.
Digital Communication And Modern Risks
Technology has increased the risk of accidental breaches.
Common pitfalls include:
- Reacting to social media posts
- Tagging someone in content
- Viewing profiles repeatedly in a way that appears harassing
- Sending messages through secondary accounts
Courts increasingly rely on digital evidence.
Screenshots and message logs are routinely used in breach proceedings.
Future Trends In Communication Restrictions
With growing awareness of coercive control and online harassment, courts are more likely to include detailed digital communication restrictions.
Expect:
- Broader no contact clauses
- Specific social media prohibitions
- Expanded definitions of indirect contact
Compliance will require careful attention.
Common Misunderstandings
People often assume:
- Mutual agreement overrides the order
- Responding to a message is harmless
- Contact about practical matters is automatically allowed
- Indirect messages do not count
- Interim orders are flexible
These assumptions create risk.
Only the written order determines what is permitted.
Frequently Asked Questions
If The Protected Person Contacts Me First, Can I Respond?
No. If the order prohibits contact, responding can constitute a breach.
The responsibility to comply rests with the defendant.
Consent from the protected person does not change the order.
Can We Talk About Our Children?
Only if the order allows communication for child related matters.
Some orders include specific exceptions.
If not, communication may need to occur through lawyers or structured platforms.
Can I Like Or Comment On Their Social Media Posts?
If the order prohibits contact, even indirect engagement through social media can be risky.
Courts assess whether the conduct amounts to communication or intimidation.
When in doubt, avoid interaction entirely.
What If We Reconcile?
Reconciliation does not automatically cancel the AVO.
You must apply to the court to vary or revoke it.
Until then, the conditions remain enforceable.
Can I Ask The Court To Allow Limited Communication?
Yes. An application can be made to vary the conditions.
The court will assess safety and risk before making changes.
Do not attempt to negotiate outside the legal process.
The Order Speaks For Itself
When an AVO is in place, communication is governed strictly by the written conditions.
Assumptions, emotions or mutual intentions do not override a court order.
If you are unsure what your AVO allows or prohibits, or you need advice about varying conditions safely, visit Ignify Legal to obtain clear, strategic guidance tailored to your circumstances.
Please call us today at (02) 8319 1032 or submit an online enquiry.
