If you are finding yourself asking the question of ‘how to get an AVO lifted’, the chances are you have an AVO in place against you that is negatively impacting your life in one way or another.
It’s an unfortunate situation. Sometimes the stress of things can result in tensions getting high and mistakes being made. Even more depressing is now the AVO in place against you for what may have been a momentary lapse of judgement.
You do not have to have an AVO in place forever or even wait for it to expire. There are some things you can do to get it lifted earlier.
The following article will discuss the multiple ways on how to get an AVO lifted in Australia.
What Is An AVO?
The term ‘AVO’ is the common abbreviation for ‘Apprehended Violence Order’, and if you are served with an AVO, you must make a Court appearance.
The function of an AVO is to protect victims of domestic violence that are fearful of any future violence or safety threats. They are sometimes colloquially referred to as protection orders or restraining orders.
There are two forms of AVOs:
Apprehended Domestic Violence Order (ADVO) – This form of AVO is made when the parties involved have had an intimate or domestic relationship.
Apprehended Personal Violence Order (APVO) – This form of AVO is made where the parties involved do not have an intimate or domestic relationship or are not related.
The subject of the order can be anyone for an APVO. For instance, a neighbour, work colleague or even a stranger may be intimating and/or stalking someone.
How To Get An AVO Lifted In Court?
To get an AVO lifted in Court, you must successfully appeal the order. Practically, what this looks like is making a good case on the balance of probabilities that either applicant has no reasonable basis to fear and does not feat the defendant intimidating, stalking or committing a personal violence offence against the person seeking to have the AVO implemented.
The ‘balance of probabilities’ is the legal standard of proof for the Court to assess and determine the situation and simply means that something is more likely than not to occur. Accordingly, if it can be demonstrated that it is more likely than not that there is no reasonable basis to fear, an AVO may be lifted.
Alternatively, the Court may form the view that the AVO in place is unnecessary for the protection and safety of the person protected by the AVO.
Another Way To Get An AVO Lifted?
Beyond the Courtroom, there are other ways on how to get an AVO lifted in Australia.
The primary way outside of the Courtroom would be referred to as Negotiating with an undertaking. This is where both parties will agree to drop the AVO if the defendant provides a signed and dated written undertaking agree to abide by the same conditions of the AVO. This is an ideal outcome for both parties, as the victim still gets the protection they may need or desire, and the defendant does not have an AVO in place against them, which can impact their lives in many other ways.
However, unlike an AVO, This undertaking is not legally enforceable, or Court ordered. Accordingly, a breach will not necessarily result in criminal charges.
Other Ways To Get An AVO Lifted In Australia
Negotiating without an undertaking – This is where the lawyers of the defendant write to the opposing side. This writing will state the inconsistencies in their evidence, with an offer not to seek the defendant’s legal costs if the AVO is withdrawn.
Baseless allegations – The Court may dismiss the AVO if it is shown that there is insufficient evidence to prove what is alleged.
Incompliance – This is when it can be proved that the other side (The police or protected person) has not complied with the Court orders themselves, such as serving evidence on time. In such a situation, the Court may dismiss the AVO
A failure to appear in Court – If the protected person does not show up to a hearing date, the Court may dismiss the AVO.
Importance of Seeking Legal Advice
When discussing matters such as how to get an AVO lifted in Australia, it is essential to note that every situation is different. Accordingly, there is no clear cut answer as to whether you can or can not get an AVO lifted in your particular circumstances.
If you have an AVO In place against you that is impacting your life, you should do everything in your power to have it lifted. If you have any further questions or want your AVO lifted, please do not hesitate to contact our team of friendly and experienced family and criminal lawyers.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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