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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5138
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My husband was charged with assault and sentenced to 4

Customer Question

My husband was charged with assault and sentenced to 4 months prison. I made the statement against him for the attack on me. There is also an avo in place not allowed within 100metres of our house. I want to have avo changed or removed as i need help with the kids here at home.
Submitted: 7 months ago.
Category: Australia Law
Expert:  Patrick H. replied 7 months ago.

Hello and thank you for your question.

You can apply to the court to have the AVO lifted, but the court will need to be satisfied that your husband no longer poses a danger to you, and/or your child.

If it was your testimony which resulted in his conviction and his conviction was for violently assaulting you then it is hard to see how you will be able to persuade a court that he no longer poses a danger. The sort of evidence you would need would be a report from a medical expert, psychologist/psychiatrist who has assessed your husband and/or treated him, which confirms that he is unlikely to engage in further violent conduct.

Absent compelling evidence of that sort, however, a court is unlikely to be persuaded to lift the AVO.

I appreciate that may not be the answer you were hoping for but I trust it assists your understanding as to what you need to do.

Good luck and please rate my answer.

Patrick

Customer: replied 7 months ago.
i basically have almost no chance of having it lifted?What about having the terms changed?I need him to be allowed in the house.Will i be charged by police if i invite him in as that is a breach?
Customer: replied 7 months ago.
Hello?
Expert:  Daniel replied 7 months ago.

Hello
You can do two things.

1. Attend court with your partner and say that you no longer fear for your saftey and have the AVO varied so that he can have acess to see the children.

2. If your separating, you can draft up parenting orders that will override the AVO to allow the father time to see the children.

A magistrate in the 1st option will have some issue, however if some time has no passed and you do no longer fear for your saftey then it is the most cost effective option.

I have undertaken such matters in practice as I undertake criminal law in NSW, It should not be terribly hard, but the AVO will likely remain, just varied to allow him there.

Please click accept and rate my service. I am able to answer further questions if need be without further payment.

Expert:  Daniel replied 7 months ago.

I note I have not received a response?

I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.
​I look forward to hearing from you.