NSW AVO - Get Dropped or Change Conditions?

[Breanna]

Hi there,
My partner was arrested and given an AVO (violence order) but I'm wanting to either drop or change the conditions back to where he can still live with me so we can carry on with out relationship because I never asked for police to make him not contact me. I want contact, I want him back home.

How do I do this?

 

[Ivy]

Hi Breanna,

I have a few questions for you:

• Has your partner been to court yet?
• If he has been to court, has the AVO been finalised (has it been a month since he went to court)?

Once the court orders an AVO, your partner has 28 days to apply for an appeal in the district court.
You can also apply to the local court for a variation of the AVO if there has been a change in circumstances (although if there are children involved, only the police can make an application for variation of the order).

I suggest that you call Law Assist. Their number is here: Help over the phone - Legal Aid NSW

Also, Legal Aid runs a Women's Domestic Violence Court Advocacy Service in many local courts throughout NSW. You can call them for information, particularly if you intend on going to (or back to) court: Women’s Domestic Violence Court Advocacy Service locations in NSW - Legal Aid NSW

 

[Breanna]

No he hasnt been to court, he goes to court on Thursday. So whats the best thing to do?

 

[Do I need a Lawyer]

Probably the quickest way is to either speak with the police officer who applied for the avo or the domestic liaison officer at the relevant police station.

If you can't get hold of them then go to the court house on thursday and make yourself known to the court staff and they will direct you to the right people.

 

[Indy]

I am in a similar situation where the police applied for an AVO against my partner on my behalf. I am the PINOP, he is the defendant. I have tried very hard to vary the terms of the AVO but it's really difficult. Despite the AVO, we had still been seeing each other. It's a one-yearr term and 6 months have past.

What happens if we decide to go on a holiday together internationally and there is an AVO in place?

 

[Do I need a Lawyer]

Hi Indy,

Why has it been difficult to have the terms changed? Have you approached the Court to seek a variation of the terms of the order?

Regards,