If you have an Apprehended Violence Order (AVO) made against you, you may feel like the order is permanent. Fortunately, that is not the case. In certain circumstances, the law allows a court to vary (change) or revoke (cancel) an AVO.

If you believe an AVO is no longer necessary, contains conditions that are unfair, or is having a significant impact on your employment, family life or future, obtaining legal advice early can make a substantial difference.

Can an AVO Be Changed or Cancelled?

Yes. The Local Court has the power to vary or revoke an Apprehended Violence Order in appropriate cases.

However, the court will not simply remove an AVO because the defendant wants it gone. The court’s primary concern is the safety and protection of the person for whose benefit the order was made. An application must persuade the court that varying or revoking the order is appropriate in all of the circumstances.

When Might an Application Succeed?

Every case is different, but an application may be appropriate where:

• the circumstances that led to the AVO have significantly changed;
• the protected person no longer requires the protection of the order;
• the conditions of the AVO are unnecessarily restrictive;
• the order is preventing contact that both parties now wish to have;
• the AVO is affecting employment, licences or other important aspects of the defendant’s life; or
• there is other evidence showing that the order is no longer necessary.

Simply because time has passed does not automatically mean the court will revoke an AVO. The applicant must present evidence explaining why the order should now be changed or cancelled.

Who Can Apply?

Depending on the circumstances, an application to vary or revoke an AVO may be made by:

• the defendant;
• the protected person;
• the NSW Police Force; or
• another person authorised under the legislation.

The procedure can become more complicated where the original application was made by police, particularly if the protected person supports the defendant’s application.

What Does the Court Consider?

When deciding whether to vary or revoke an AVO, the court will consider a range of factors, including:

• whether the protected person still requires protection;
• the reasons the order was originally made;
• any changes in the relationship or circumstances since the order was made;
• any history of breaches or further allegations;
• the views of the protected person, where relevant; and
• whether the proposed variation or revocation is consistent with the purposes of the legislation.

The court’s overriding concern remains the protection of people who may be at risk of violence, intimidation, stalking or harassment.

Why Legal Representation Matters

Even where both parties agree that an order should be changed, the court may still refuse the application if it is not satisfied that doing so is appropriate.

An experienced solicitor can:

• assess whether your application has reasonable prospects;
• prepare persuasive evidence supporting your case;
• identify the strongest legal arguments;
• represent you in the Local Court; and
• negotiate with police where appropriate.

Legal advice is important to ensure the correct process is followed. Proper preparation can significantly improve the prospects of achieving a favourable outcome.

Here to Help

If you have an AVO against you and believe it is no longer necessary or the conditions are unfair, obtaining legal advice before making an application is essential.

At Mid Mountains Legal, we advise and represent clients throughout the Blue Mountains and surrounding areas in applications to vary or revoke Apprehended Violence Orders.

Contact us now for free no-obligation initial telephone advice about how to vary or revoke an AVO.