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Where am I now? Lawlink > Local Courts > Going to Court > Changing or Cancelling Apprehended Violence Orders
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Changing or Cancelling Apprehended Violence Orders
Information for defendants and protected persons
This information sheet tells you how to cancel or change an Apprehended Violence Order (AVO).
Can I cancel (or withdraw) an application for an AVO?
If you have made an application for an AVO and decide that you do not want the AVO, the application for the AVO may be cancelled (or withdrawn) as long as the court has not made a final AVO. However, before you decide to do this, please discuss your concerns with your solicitor or with the Chamber Registrar at your local court or with one of the agencies listed below.
The only way to cancel your application for an AVO is by applying to the court. You must go to court on the court day.
Costs orders
If your application is for an Apprehended Personal Violence Order and you do not go to court, the court may order costs against you.
If your application is for an Apprehended Domestic Violence Order, the court may order costs against you if the court finds that your application was frivolous or vexatious.
If the police made the application for the AVO, only they can cancel the application. If you decide that you do not want an AVO that the police have applied for, you should contact:
- The police officer who applied for the AVO, or
- The Police Domestic Violence Liaison Officer, or
- The Police Prosecutor;
to discuss you concerns with them.
Can I change or cancel a AVO?
If an AVO has been made, it may be changed (varied) or cancelled (revoked) by a Court.
AVOs may be varied by:
- extending or reducing the period of the AVO, or
- changing or adding or deleting the conditions of the AVO.
Who can apply to vary or revoke an AVO?
The following people can apply to a Court to vary or revoke an AVO:
- A protected person; or
- A defendant; or
- A police officer ( if a police officer made the original application).
If a child under the age of 16 years is listed as a protected person, the application to vary or revoke an AVO can only be made by a police officer.
When should I make the application to vary or revoke an AVO?
It is important that your application is made before the AVO expires. It is a good idea to make the application to vary or revoke at least 4 weeks prior to when the AVO is due to expire. This allows time for a court date to be set and for a copy of the application to be served on the other person.
Do I need to go to court?
Yes, You need to go to court so that the Magistrate can decide whether to grant the application. If you do not go to court, the AVO may be varied or revoked in your absence.
Will the other person be told an application to vary or revoke an AVO has been made?
Yes, a copy of the application will be served on the other person by the police.
How do I make an application to vary or revoke an AVO?
The Chamber Registrar or staff at your nearest Local Court can assist you to prepare your application. You will need to put in your application the reasons why you are applying to vary or revoke the AVO.
Do you need an Interpreter?
If you need an interpreter at court please tell the court staff or the police so they can arrange one for you.
Other information
An application to vary or revoke an AVO is not an appeal against the AVO being made.
The court may decide not to hear your application to vary or revoke if it is satisfied that there has been no change in circumstances and the application is in the nature of an appeal.
If you wish to lodge an appeal against the AVO being made you should read the information sheet on appeals and obtain legal advice.
Where do I get more information?
- LawAccess NSW on 1300 888 529 (a local call from anywhere in NSW). LawAccess NSW is a free government telephone legal assistance service. It can also refer you to a lawyer;
- NSW Police Service Customer Assistance Unit on 1800 622 571;
- Police Domestic Violence Liaison Officer at your local police station;
Updated May 2007
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