Can A Victim Withdraw A Statement in an AVO? The Pros and Cons

Can a victim withdraw a statement in an AVO? Only the applicant has the right to cancel an application for an Apprehended Violence Order.

A court can make this decision at any point in the proceedings. Depending on how long it has been since the case was last listed, the Local Court may relist the withdrawing application.

However, police often apply for an AVO on behalf of individuals. In such cases, the PINOP DOES NOT HAVE the authority to withdraw the Apprehended Violence Order .

The PINOP can, however, speak or write to the police to formally request that they withdraw the application.

Those requests are only required to be fulfilled by the police if they see a substantial reason for doing so.

Can A Victim Withdraw A Statement in an AVO, and Will It Stop the Police from Charging the Defendant?

A witness statement that has been withdrawn does not guarantee that the charges will be dropped.

In these kinds of cases, it is quite common for the victim either to recant their statement or to express a desire not to have the offender prosecuted.

A PINOP wishing to withdraw an AVO or change its conditions must apply to a court and have it heard.

Accordingly, the court will consider the views, fears, and wishes of both the PINOP and the police.

In many Police AVO applications, PINOPs have little to no control over what happens to the defendant or whether the AVO is withdrawn.

As part of their policy, the NSW Police must proceed with charges when there is sufficient evidence to show a crime has occurred. In addition, they believe it is in the public interest.

Any complaint that is withdrawn will not affect prosecution.

What Happens If the Victim Made A False Statement To The Police?

Falsely claiming an AVO is not technically a crime (AVOs are orders, not charges), but making false accusations is punishable under section 314 of the NSW Crimes Act 1900.

False AVO claims are misleading statements made by someone to obtain protection under an AVO by exaggerating, being vexatious or fabricating completely false allegations against a defendant.

False or vexatious AVO claims can be filed for various reasons, such as punishing the person, harming their reputation, gaining financial gain or achieving custody.

AVOs are generally used to address domestic violence issues, so erring on the side of caution can lead police to make the wrong decision.

Why Can The Police Still Pursue An AVO Even If The Victim Already Wants It To Be Withdrawn?

A policy by the police was adopted to pursue an AVO even if a victim wants it withdrawn.

This was based on incidents where abusive partners attacked victims shortly after criminal charges or AVOs were withdrawn.

The policy was designed to protect victims who defend abusers, despite having been victims of domestic violence and being in danger.

It has, however, gained the natural side effect of allowing AVOs that should have been withdrawn long ago to linger on the Court lists for months.

This leads to increased time and expense for the parties.

Aside from that, a defendant's liberty can also be restricted for a longer period if the allegations are trivial or there is no admissible evidence.

Conclusion

Question: Can a victim withdraw a statement in an AVO?

Answer: Only the applicant has the right to withdraw an application for an Apprehended Violence Order.

However, police often apply for an AVO on behalf of individuals. In such cases, the victim DOES NOT HAVE the authority to withdraw the Apprehended Violence Order .

The victim can, however, speak or write to the police to formally request that they withdraw the application.

Those requests are only required to be fulfilled by the police if they see a substantial reason for doing so.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.