Knowing how to get an AVO removed (Apprehended Violence Order) can be difficult as it can only be done by the applicant. An AVO is an order to protect victims of domestic violence. They are generally also called protection orders or restraining orders.
There are also Apprehended Domestic Violence Orders (ADVOs) which are made where the people involved are related and have a history of domestic violence in a relationship. On the other hand, Apprehended Personal Violence Orders (APVOs) are made where the people are not related by any means.
An AVO is not a criminal charge, but it can be an order for an individual’s future protection. This order sets out restrictions on the other party’s behaviour and actions to ensure one’s safety in or out of their own household. If the person has children, this order may also protect them.
Being wrongfully accused may have one asking how to get an AVO removed and can be a possibility for anyone. That’s why in this article, we’ll discuss how to get an AVO removed and what are the different factors that come with it.
How To Get An AVO Removed: Interim And Short-Term Basis
There are certain choices that one can take to contest removing AVOs if it is considered interim or short-term. There are also certain circumstances where one would want to know how to get an AVO removed on an interim basis.
When someone is in a domestic relationship who applies for an ADVO against their partner, the accused may be served an interim or short-term ADVO while the case is being dealt with. Interim ADVOs last until the matter is officially settled. An interim ADVO still has some qualities of a full ADVO that may restrict one’s behaviour.
Interim ADVOs can only be served in a number of situations, such as:
- When the ADVO is contested and the matter is being held in Court
- When the accused fails to turn up at the required time frame to present themselves in court regarding the ADVO against them
- Circumstances where the person in need of protection (PINOP) is in need of immediate security
One can challenge the interim ADVO in a Court and request to have it lifted. For this to happen, both parties must present evidence for their respective cases. The magistrate or judge will make the final decision on whether to grant or dismiss the ADVO.
Some arguments may assist one’s case in knowing how to get an AVO removed. This may include showcasing the other party is not at risk of violence, harassment, stalking, or providing evidence to the authorities out of malice, revenge, or other motives of spite. If a party was not present when the ADVO was made, it is possible to appeal and lift the order.
One thing that a person should also know when knowing how to get an AVO removed is to investigate if there was no evidence suggesting that violence occurred and that the PINOP did not make a statement. This can remove the ADVO and the PINOP can face charges from the authorities.
There are also circumstances in which the alleged PINOP is proven to have deceived the authorities when requesting an ADVO. One can challenge this situation in court, similar to an interim ADVO.
How To Apply For An AVO
There are two ways one can apply for an AVO. Private applications can be done through a local court or through a lawyer/solicitor. The police may also do all of these on a person’s behalf by providing statements and information like:
- The relationship with the defendant
- The defendant’s police record and offences
- Their children’s basic info (If applicable)
- If violence was inflicted on the children
- If there are family law court cases and orders
- Parenting arrangements
Before knowing how to get an AVO removed, it is worth noting that PINOP holds reasonable grounds to fear the accused of committing domestic violence, stalking, or harassment to them. This can help a court to finalise an AVO.
Considering the safety and protection of the PINOP and any child is also worth remembering. The court can only impose AVO orders that are essential for the safety and protection of the PINOP and any child. Before the order gets to court, an AVO can be looked up by simply going to a police station and making a complaint.
How To Get An AVO Removed Where The Child Is The PINOP
When a child is involved in the AVO as a PINOP, the defendant must find the court’s leave to file an application to ask for the existing AVO to be altered or dismissed. One may get the said leave from the Court if:
- The application to dismiss or alter the AVO has been given to the police
- There’s a significant change in instances since the order was made or last altered
- It’s otherwise in the interest of justice to confirm the leave
If the AVO doesn’t include a child as a PINOP and is an adult, the police, PINOP, or defendant can apply to the court or vary or dismiss the AVO. However, if the person applying to dismiss or vary the AVO is not the police, then the notice of the application must be given to the police where the AVO is a police-operated order.
Importance Of Seeking Legal Advice
It is uncommon for the police to withdraw an AVO application as it is a very serious matter. After all, the PINOP’s safety is also at stake and the proper due process must be followed to ensure that justice is served on whoever is guilty.
At JB Solicitors, we’ll walk you through the process of knowing how to get an AVO removed. Our team of expert solicitors can aid you in knowing what to do in cases like these to make sure you have a good grasp of it. Our services offer fixed-fee prices to also ensure your finances are spent wisely with no hassles on the side.
Contact JB Solicitors today
