NSW Consequences of Varying an AVO?

[Chloe84]

My husband was served with an AVO by police following an assault on me a few months ago (we are now two months in to a 12-month Final AVO). The conditions of the AVO include him not being allowed to come within 50m of me, as well as not being allowed to contact me in any way other than through a lawyer.

However, he is currently undergoing treatment for drug abuse and mental health issues, and seems to be making good progress. Although we have admittedly had some contact via email and text, I would like to vary the AVO to remove the 'no contact' condition so he can communicate with me freely.

My question though is whether this could appear as though I no longer fear for my safety and therefore the AVO or the condition preventing him from approaching me could be removed (e.g. if my husband tries to have it revoked). While I'd like to be in contact with him, I certainly wouldn't feel safe having the AVO changed further or removed.

I'd essentially like to know whether there are potentially any wider consequences to a PINOP varying a condition of an AVO.

 

[Lance]

Hi Chloe,

If you still have fear that he may harm you, then you should definitely keep it in place. You can vary the order so that you can have contact to work through the issues. The following link provides guidance to apply to the court to vary the order. Extensions, revocations and variations Be honest, express your concerns but also the desire to work through your issues. The court should do what is in your best interests.

If you tell the court exactly what you have said they wouldn't do anything more than vary some access restrictions. Don't feel pressured to have the order revoked and if I were you I would be up front with your husband and tell him that you don't trust him yet and cant have it revoked until you feel safe with him.

 

[Chloe84]

Hi Chloe,

If you still have fear that he may harm you, then you should definitely keep it in place. You can vary the order so that you can have contact to work through the issues. The following link provides guidance to apply to the court to vary the order. Extensions, revocations and variations Be honest, express your concerns but also the desire to work through your issues. The court should do what is in your best interests.

If you tell the court exactly what you have said they wouldn't do anything more than vary some access restrictions. Don't feel pressured to have the order revoked and if I were you I would be up front with your husband and tell him that you don't trust him yet and cant have it revoked until you feel safe with him.

Thanks so much for taking the time to reply Lance - I definitely agree that it is best to keep the order in place for now while I still have concerns for my safety, but it is good to know that if I do want to remove the 'no contact' condition, I can do this without risking the full AVO being revoked.