Navigating the legal system can be daunting, especially when dealing with Apprehended Violence Orders (AVOs).
Understanding how to change, vary, or how to get an AVO dismissed is crucial for those involved. In this article, we address frequently asked questions about AVOs in New South Wales.
Frequently asked questions about Apprehended Violence Orders in New South Wales
How long does an Apprehended Violence Order last in New South Wales?
An AVO in New South Wales typically lasts for the duration specified in the order by the court. A typical AVO remains in force for two years from the date it was made. However, the duration can be varied based on the circumstances and applications made by the parties involved.
What types of changes can be made to an Apprehended Violence Order?
An AVO can be changed to better suit the evolving needs of the parties involved. Changing the terms of an AVO is called ‘varying’ or ‘revoking’ the AVO.
Possible changes can include:
- Extending the duration of the AVO.
- Reducing the duration of the AVO.
- Adding new orders to the AVO.
- Deleting existing orders from the AVO.
- Changing the conditions or terms of the AVO.
These changes can help ensure the AVO remains relevant and effective in providing protection.
Who can apply to change, withdraw, or cancel an Apprehended Violence Order?
Applications to change, withdraw, or cancel an AVO can be made by various parties depending on the situation. Here are the different scenarios.
Provisional Apprehended Violence Orders
If the provisional AVO was made by a senior police officer: The defendant can apply to vary the Provisional AVO.
If the protected person is a child
To vary or revoke an AVO when the protected person is a child, you need to be the child’s parent, the Department of Communities & Justice, or the police.
If the police made the application for the AVO, you need permission from the Court to apply to vary or revoke it.
Indefinite Apprehended Domestic Violence Orders
The defendant requires permission from the Court to vary or revoke an Indefinite Apprehended Domestic Violence Order.
How do I get an Apprehended Violence Order application dismissed?
If you believe a final AVO should not be granted by the Court, follow these steps to seek dismissal of the AVO application. Always remember to call 000 if your life is in immediate danger.
Step 1: The protected person or defendant seeks independent legal advice
Consult a lawyer to gain clarity on the legal grounds for dismissing the AVO and the best approach to take.
Step 2: Your lawyer prepares a letter or statement requesting the Apprehended Violence Order to be dropped
The lawyer will prepare a detailed letter or statement to the person who filed the application (usually NSW Police) outlining submissions why the AVO should be dismissed, considering legal and personal circumstances.
Step 3: The police determine whether to withdraw the Apprehended Violence Order or not
The police will review the representations and decide whether to proceed with the withdrawal of the AVO. This process typically takes a few weeks to a couple of months. If the Police agree to dismiss their application, then the Court will need to approve it.
Legal FAQs about AVOs
Can you defend an Apprehended Violence Order?
Yes, you can defend an AVO in Court. If you believe the AVO is unjustified, you can present your case before a magistrate.
How does an Apprehended Violence Order stay on your record?
An AVO itself does not stay on your criminal record. However, breaches of an AVO may be recorded as criminal offences.
Does an Apprehended Violence Order appear on a police check?
An AVO does not typically appear on a standard police check unless it has been breached and led to a criminal offence.
Where can I find the Application to Revoke/Vary Apprehended Violence Order form for New South Wales?
You must contact the Local Court of NSW that is closest to you to obtain the Application to Vary or Revoke and Apprehended Violence Order form.
Will an Apprehended Violence Order affect my job?
An AVO might affect your job if it restricts your ability to contact certain people or attend specific locations related to your employment.
Does an Apprehended Violence Order go on your criminal record in New South Wales?
No, an AVO itself does not go on your criminal record. Only breaches of the AVO are recorded as criminal offences.
Your safety and the safety of others come first.
If you’re in immediate danger, call 000 without hesitation. For further support, reach out to Legal Aid NSW or call 1800 RESPECT, available 24/7.
