If an Apprehended Violence Order (“AVO”), whether it be an Interim or Final AVO, has been issued by the Local Court, it can be revoked at any time upon application to the Court. An application can only be made by:
- The Protected Person named in the AVO;
- The guardian of the Protected Person;
- A Police Officer; or
- The Defendant upon whom the AVO conditions are imposed.
An application for revocation can only be made by a Police Officer if one of the Protected Persons in the AVO is a child.
An application for revocation must set out the grounds on which the application is made.
The Court will only allow the revocation of the AVO if it is satisfied that it is “proper” to do so and may decline an application if there has been no change in circumstances since the time the AVO was initially made.
Notice of the application for revocation must be served on the Protected Person/s prior to any order being made revoking the AVO.
If the application to revoke the AVO is not made by all the Protected Persons named in the AVO, the revocation will not apply to the other Protected Persons unless the Court is satisfied that they are at least 16 years old and has consented to the revocation.
If you require assistance with an AVO matter, please arrange an appointment by telephone on (02) 9233 4048 or email info@navado.com.au to see one of our AVO Solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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