We represented a client in proceedings where police sought to vary an existing final AVO to operate indefinitely. The application was based on allegations relating to the client’s interactions with police, members of the protected person’s family, the protected person’s colleagues, and their psychologist. The proposed orders were highly restrictive, including no contact condition, place restrictions, and a prohibition on the client travelling north of Port Macquarie, conditions that significantly interfered with his work and travel requirements.

The client had previously spent time in custody for domestic violence matters and had been experiencing repeated police attendances at his home to “check compliance”, despite the protected person not residing there.

The hearing proceeded over three separate days. Through detailed cross-examination and submissions, we demonstrated that the allegations relied upon in the police application were exaggerated and, in parts, unfounded. The evidence did not establish reasonable grounds to justify extending the AVO indefinitely.

The magistrate agreed. Given the length of time the proceedings had taken and the absence of any lawful basis for the variation sought, the Court ordered that the AVO would expire one week after the conclusion of the hearing.

Outcome: Application for indefinite AVO refused. Order finalised and allowed to lapse.