Exploring the Possibilities of Withdrawing Police AVO
For Police-assisted AVOs, the PINOP often has little say concerning what unfolds for the defendant or whether or not the AVO will be revoked.
In the Code of Practice for the NSW Police Force's response to domestic and family violence, it is essential to know that when the police ask for an AVO to protect a victim, they have a policy that says AVO petitions can't be withdrawn unless there are excellent reasons to do so.
If the AVO was requested privately, it could be quickly cancelled. But when the police file for an AVO, it cannot be revoked just because the PINOP doesn't want it anymore.
A court must consider an application if the PINOP in a Police application does not want the AVO or wants to change the conditions of the AVO. The court will consider the PINOP's worries, wishes, and points of view in addition to those of the police.
Filing an application is no guarantee of approval, and the PINOP will usually have to testify under oath in court.
What Happens If The Victim Does Not Want The Accused Person Charged?
Even if the victim doesn't want criminal charges to be filed, they still can be filed by the police if there is enough evidence to do so.
The NSWPF, following its guidelines and the law, makes the call on whether or not to pursue prosecution.
Suppose a victim fails to appear in court to provide testimony.
In that case, police will confer with the Domestic Violence Liaison Officer and any other appropriate victim/client advocates who may be present.
Police may seek an arrest warrant from the court to apprehend a suspect in a domestic abuse case.
This rarely happens.
Some victims of domestic abuse who report an incident to police later say they made up their story.
Police will keep in mind the dynamics of domestic violence and the probability that the alleged victim's admission of fabrication was motivated by fear, intimidation, or other pressures as they investigate the falsified report.
A superior officer's approval must be sought before criminal charges are brought against these individuals.
Why Do the Police Tend to Proceed With the Filing of AVO Even If the PINOP Says Otherwise?
According to the Crimes (Domestic and Personal Violence), Act 2007 - Sect 27, the police must apply for provisional order in certain circumstances, such as:
- Domestic violence or stalking, or intimidation with intent to cause fear of physical or mental harm has been committed recently.
- Domestic violence or harassment with intent to cause fear of physical or mental harm is likely to be committed.
- A child has been a victim of abuse, which is an offence under section 227 of the Children and Young Persons (Care and Protection) Act 1998
- A child is likely to be abused in the future.
- In their judgment, an AVO should be immediately issued to protect a person and their property.
Can Representations Result in Withdrawing Police AVO?
Yes, they can be used in withdrawing police AVO.
Representations are lengthy legal briefs submitted to the Police Department by a solicitor.
They can be used to terminate or alter the terms of an AVO.
Criminal charges, such as simple assault or assault resulting in bodily injury, can also be dropped with their help.
Alternatively, representations can be used to update a fact sheet.
A good AVO lawyer is able to help you with preparing representations to withdraw an AVO.
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.
