Family law specialists are frequently asked questions like ‘how to get an AVO revoked or dropped.’ This happens when the situation between the defendant and person in need of protection has improved, or if they have reached an amicable arrangement.
It is not always straightforward to get an AVO dropped. This article will provide a guide on how to get an AVO revoked. Before we come to that topic, let’s consider what exactly is an AVO.
What Is An AVO?
Before we explore how to get an AVO revoked, let’s briefly discuss what an AVO is. AVO stands for Apprehended Violence Order which is an order from police and/or the courts prohibiting certain behaviour with the aim of protecting the person in need of protection (PINOP).
AVOs can be of two types:
- Apprehended Domestic Violence Orders (ADVOs)
- Apprehend Personal Violence Order (APVOs)
The difference between the above-mentioned types is that ADVOs are ordered when the defendant shares or has shared a domestic relationship with the PINOP.
On the other hand, APVOs are for defendants who are not related to the PINOP, and do not share a domestic relationship. These can include neighbours, co-workers, friends etc. Since both types fall under “AVOs” the process to drop these orders will be the same.
How To Get An AVO Revoked?
When you are researching on ‘how to get an AVO revoked’ you might realise that sometimes it is a little tricky to get an AVO revoked. Firstly, there are some differences in the types of orders made, for instance, sometimes there will be an interim order, and sometimes the order will be a final order.
Interim orders are short-term orders. In some cases, people apply to have the conditions of these orders ‘varied.’
Interim Order Procedure
Are you wondering how to get an AVO revoked where interim orders have been made?
A provisional order is applied for by the police, and the conditions of these orders become immediately enforceable as soon as it is served to the defendant.
This provisional order turns into an interim order after the first court date, as stated under Section 34 of the Crimes (Domestic and Personal) Violence Act 2007. The conditions of these interim orders will be enforceable until the case is going on, but the interim orders can be revoked.
According to Section 22 of the Crimes (Domestic and Personal) Violence Act 2007, the court needs to be satisfied that an AVO is “appropriate” or “necessary” in the given circumstances. The interim order can be lifted if the court is not satisfied of at least one of the above factors.
Similarly, in cases of interim ADVOs, where the defendant wants to lift the order, they can challenge it in court. Here, both parties will need to present evidence, and the court’s judge or magistrate will make final orders accordingly. While presenting evidence, witnesses may also be cross-examined.
Another approach is to vary the conditions of the interim ADVO. Most often this is used when the defendant wants to be able to stay in contact with the children.
The NSW Police take domestic violence extremely seriously, making it very hard to challenge an ADVO. While challenging the order, the defendant will need to show evidence and prove that the PINOP is not at risk of violence, stalking or other forms of intimidation and harassment.
Final Order Procedure
Are you wondering how to get an AVO revoked where final orders have been made? The process for this is similar to that of lifting interim orders.
The defendant will need to present evidence that there was no violence that occurred. Alternatively, if the defendant has evidence that the PINOP has misled the police and provided false information, then the defendant needs to present that evidence to the court.
How To Get An AVO Revoked: Where Both Parties Agree
As mentioned in the introduction, often the parties reconcile their differences and reach an amiable agreement. In this case, both parties – the defendant and the PINOP – will wish to lift the AVO. In these matters, here’s what needs to be done:
- The PINOP will need independent legal advice (their lawyer cannot be the defendant’s lawyer or a lawyer from the same firm as the defendant’s lawyer)
- The PINOP’s lawyer has to then draft a statement or prepare a letter on their behalf stating that they wish to get the AVO revoked
- Meanwhile, the defendant’s lawyer also draft and file ‘representations’ to get the AVO removed
- After these steps, police will take a few weeks (6-7) to make a decision on whether or not to drop the orders
Representations is the term used for detailed legal submissions which are prepared by lawyers and sent to the police. They can be used both to drop an AVO or vary the conditions of an AVO.
Importance Of Seeking Legal Advice
Now that you have an understanding of how to get an AVO revoked, you might realise that it is not a straightforward process. This is especially because when doing so you will need evidence to support your arguments.
Lawyers are the specialists in gathering and presenting evidence at court cases. The defendant will need a solid argument to defend the charges against them. At JB Solicitors, our expert lawyers have the experience of understanding complex cases, and building a strong case to challenge the orders at court.
Our expert lawyers can also provide advice in cases where both the PINOP and defendant have agreed to challenge the order. We will file all necessary legal submissions on your behalf after understanding your case details properly.
Contact our expert team of lawyers today and discuss all matters regarding AVOs and domestic violence charges.
- To learn more about AVOs, click here.
- To learn more about ADVOs, click here.
- To learn about what types of abuses fall under domestic violence, click here.
- To learn about how to get an AVO on someone, click here.
Additionally, watch video on how to get an AVO revoked as explained by our Principal Solicitor.
