Four months after being released on bail in relation to charges of beating his neighbour with a weapon, Arthur Rule wants to go back to his St James home.
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But he has been told "no".
Rule, 48, and his son Quinton allegedly used a bat and a pole to smash a glass sliding door to enter the victim's home on July 20 last year then assaulted her as she lay on the ground.
The 64-year-old woman's spleen was shattered, plus she had surgery on seven ribs, four broken fingers and a broken ankle.
Rule spent nine months in custody before he was granted bail in April with strict conditions including paying a $50,000 surety and not entering Moira Shire.
Appearing in Wangaratta Magistrates Court this week, Rule applied to vary his bail which currently states he must live in Mooroopna.
"I want to go back home," he said.
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Crown prosecutor Linh Hoang did not oppose his application, saying the alleged victim had since left St James so police no longer had concerns about Rule returning to the area.
Magistrate Peter Dunn, who released Rule on bail in April, said changing the conditions was an issue for him.
"Not only was it the complainant, but the police were also very concerned about the witnesses that live locally," he said.
"This is an extremely serious crime with significant and grave injuries and I'm not putting the community at risk.
"You're lucky to be on bail."
Rule has denied involvement in the attack and will next appear in court for a contested committal hearing in November.
His son has pleaded guilty to aggravated burglary, recklessly causing serious injury and intentionally damaging property.
Quinton Rule's case will next proceed to the County Court.
