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Withdrawal & Variation of Orders

An application to extend, reduce, vary or revoke an Interim or Final Apprehended Violence Order (AVO) can be made by the protected person, applicant or defendant. Only the police can make an application to vary, extend, reduce or revoke an AVO where the protected person is under 16 years of age at the time the application is made.

A Final AVO will be made for a specified period of time, for example, six months, 12 months, or two years. The magistrate will decide how long the AVO should last based on the circumstances of the matter and any requests made by the protected person and applicant. Most AVOs are made for 12 months. 

An Application to Vary or Revoke Apprehended Violence Order must be filed with the Court. The application will be adjourned to a future date and the application must be served on the other party.  If the protected person or applicant objects to the application the application will be listed for a hearing where the parties and any witnesses will be able to give evidence.  For the application to be successful, the applicant will need to show that there has been a change in circumstances that require the change or that it is necessary. For eg. if the AVO is about to expire and the PINOP remains in fear of the defrendant then the PINOP or the applicant may apply to extend the length of an AVO.

If the PINOP or defendant want the AVO revoked (cancelled) an application must be filed with the Court. The application may be necessary because there is a change in the circumstances eg. the restrictions are affecting the defendant's employment or other lawful activity, or because the PINOP no longer requires the AVO.

Lenz Legal will provide you with expert advice and representation regarding all aspects of AVO's necessary to protect your interests and reduce costs. Call us now to see just what is possible.