How to get an AVO removed

Did you click on this article because you want to know how to get an AVO removed? For those who don't know what an AVO (Apprehended Violence Order) is, it is an order that protects victims of domestic and personal violence. They are generally also called protection orders or restraining orders. Let's explore the two types of AVO:

The first type is Apprehended Domestic Violence Orders (ADVOs). This order protects people from their partners who have a history of domestic violence in their relationship. On the other hand, Apprehended Personal Violence Orders (APVOs) protect a person from someone who is not related to them.

An AVO is not a criminal charge, but an order for an individual's future protection. This order sets out restrictions on the other party's behaviour and actions to ensure the safety of a protected person. This order not only protects a person, but their children as well.

Now, what if someone falsely accused you of violence or domestic violence? What if someone framed you or they placed the order on you out of spite? This is a real issue and happens to some people. That's why in this article, we'll discuss how to get an AVO removed and what steps to take.

How To Get an AVO Removed: Interim or Short-Term Basis

There are certain choices that one can take to contest removing AVOs if it is an interim or short-term AVO. When someone in a domestic relationship applies for an ADVO against their partner, the relevant authority may serve the accused with an interim or short-term ADVO while they deal with the case. Think of this as temporary protection for a person.

Though this order still has some qualities of a full AVO that may restrict one's behaviour. Relevant authorities can only serve an interim AVO in several situations, such as:

• When the defendant contests the AVO and the Court handles the matter
• When the accused fails to turn up at the required time frame to present themselves in the court hearing regarding the AVO against them
• Circumstances where the person in need of protection (PINOP) requires immediate security

So, How Do You Remove an AVO in NSW?

Are you the defendant in a case that wants to vary or revoke an AVO? If this is the case, you should fill out the "Application to Vary or Revoke Apprehended Violence Order" form. Unfortunately, this form is not available online and is only available in your local court. You can talk to your local court's registrar if you need help filling out and submitting the form.

If you want to remove or revoke an interim AVO, you must lodge your application with the court handling your case. However, if it's a Final AVO that you want to remove, you can apply at any Local Court in New South Wales.

Important Tips To Remember

1. Courts will not vary or revoke an AVO if there has not been a change of circumstances since the order's execution. Another condition for the refusal is if the applicant for the AVO isn't trying to appeal it.
2. Parties involved will need to prepare written statements explaining their position if the protected person objects to the defendant's application to revoke or vary the AVO.
3. Defendants who want to revoke a police AVO must serve a copy of their application on the Commissioner of Police. A police AVO is an AVO that a police or senior police officer applies for a protected person. They may do this if they suspect that a person commits a domestic violence offence or that it is likely to happen.
4. Prepare to attend court hearings. If you fail to do so, police may go to you with an arrest warrant.

With this being said, only the police or a Magistrate have the power to revoke the interim AVO or vary its conditions. If the police decide not to revoke the AVO, then the matter will proceed to a court hearing to assess the evidence and make a decision.

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 ask if they can alter or dismiss the existing AVO. 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.

What if I Want to Apply for an AVO?

There are two ways one can apply for an AVO. Applicants can apply through a local court or through a lawyer/solicitor. A police officer 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 a person were violent to their 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 that the accused of committed domestic violence, stalking, or harassment against 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, you can look up an AVO at your local police station and make a complaint

FAQs About How To Get an AVO Removed

Importance Of Seeking Independent Legal Advice

When you want to know how to get an AVO removed, you need to seek independent legal advice. Yes, that means you should not seek legal advice from the same lawyer or firm that the applicant used. It's way better that you get a team of lawyers that can help you revoke or vary an AVO.

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 relevant authorities must follow proper due process.

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 ensure your finances are spent wisely with no hassles on the side.

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.