Application to Vary or Revoke an Apprehended Violence Order (AVO)
To vary an AVO, you must complete an Application to Vary or Revoke Apprehended Violence Order form. The form is not available online. You will need to file an AVO variation application with the Court and serve it on Police.
Understanding AVO Variations
An AVO variation involves modifying the terms of an existing Apprehended Violence Order (AVO); This can include changes to the restrictions imposed on the defendant, the duration of the AVO, or the individuals protected by the order. Varying an AVO may be necessary due to changes in circumstances, such as improved relationships between parties or the completion of counselling programs. It’s important to understand that the court will only grant an AVO variation if there is a significant change in circumstances.
Reasons for Varying or Revoking an AVO
There are several reasons why someone might seek to vary or revoke an AVO. These include⁚ a change in the relationship between the parties, such as reconciliation or improved communication; the completion of counselling or other intervention programs that address the underlying issues contributing to the violence; a significant change in the circumstances of the defendant, such as a move to a different location or a change in employment; or a change in the circumstances of the protected person, such as a move to a safe house or the provision of additional support services.
The Application Process
To apply to vary or revoke an AVO, you must file an application with the relevant court. This application should outline the specific changes you are seeking to the existing AVO and the reasons for these changes. It is crucial to serve a copy of this application on all parties involved, including the protected person, the police, and any other relevant parties. The court will then schedule a hearing to consider your application, where you will have the opportunity to present your case and argue why the AVO should be varied or revoked.
Filing the Application
The Application to Vary or Revoke Apprehended Violence Order form is not available online. You will need to visit your local court in person and request the form from the registry staff. They can assist you in filling out the form correctly and ensure it meets the court’s requirements. Once completed, you will need to file the application with the court’s registry. This involves submitting the form along with any supporting documentation, such as affidavits or witness statements.
Serving the Application
Once you have filed the Application to Vary or Revoke Apprehended Violence Order form with the court, you must ensure it is properly served on the relevant parties. This includes serving a copy of the application on the police and any other individuals named in the AVO. If you are on bail, you will also need to file a bail variation application to ensure the AVO conditions are aligned with your bail requirements. The court will then set a date for a hearing where you can present your case for varying or revoking the AVO.
Grounds for Variation or Revocation
To successfully have an AVO varied or revoked, you must demonstrate a significant change in circumstances. This means presenting evidence to the court that the original reasons for issuing the AVO no longer apply. This could include things like⁚
- A successful completion of a counselling program
- Proof of reconciliation between the parties
- Evidence that the protected person no longer fears the defendant
It is crucial to understand that a simple change of heart is not sufficient grounds for variation or revocation. You must present a compelling case that demonstrates a genuine change in the situation. Consulting with an experienced AVO lawyer is highly recommended to ensure your application is well-prepared and has a strong chance of success.
The Court Hearing
The court hearing for an AVO variation or revocation is a formal legal process where you will present your case to a magistrate. You will need to provide evidence to support your application, which may include witness statements, documentation of completed counselling programs, or other relevant materials. The protected person will also have the opportunity to present their case and argue against the variation or revocation.
During the hearing, the magistrate will consider all the evidence presented and decide whether to vary or revoke the AVO. The decision will be based on the specific circumstances of the case and whether the grounds for variation or revocation have been met. It is essential to be prepared for the hearing and to have a clear understanding of the legal process involved.
Legal Representation
While you are not required to have legal representation for an AVO variation or revocation application, it is strongly recommended. A lawyer can provide valuable guidance throughout the process, from understanding the legal requirements to preparing your case and presenting arguments in court. They can also help you navigate complex legal procedures and ensure your rights are protected.
An AVO lawyer can help you understand the specific grounds for variation or revocation, gather evidence, and prepare your application. They can also advise you on the best strategy for presenting your case to the court and can represent you during the court hearing. Having legal representation can significantly increase your chances of success in varying or revoking an AVO.
Possible Outcomes
The outcome of an application to vary or revoke an AVO will depend on various factors, including the specific circumstances of the case, the strength of the evidence presented, and the court’s assessment of the risks involved. There are several possible outcomes⁚
The court may grant the application and vary or revoke the AVO. This could involve modifying the terms of the existing AVO, reducing its duration, or completely removing it. Alternatively, the court may deny the application, leaving the existing AVO in place. In some cases, the court may impose new or additional conditions on the AVO.
AVO Variation for Children Under 16
An application to vary or revoke an AVO with a protected person who is under 16 years of age can be made by a parent of the child or the Department of Communities & Justice (DCJ). The process for filing the application is similar to that for adults, but there are some specific considerations. The court will carefully assess the child’s safety and well-being before making any decision. If the court decides to vary or revoke the AVO, it will ensure that appropriate safeguards are in place to protect the child.
Varying an Interim AVO
If you want to vary or revoke an Interim AVO, you should file your application with the Court that is hearing your case. The court will consider the reasons for the application and the circumstances of the case. You will need to demonstrate that there has been a significant change in circumstances since the Interim AVO was granted. The court may also consider the safety and well-being of the protected person and any children involved. If the court grants your application, it will vary or revoke the Interim AVO and may impose new conditions.
Varying a Final AVO
If you want to vary or revoke a Final AVO, you can apply at any Local Court in NSW. You will need to complete an Application to Vary or Revoke Apprehended Violence Order form and file it with the Court. You will also need to serve a copy of the application on the Police and any other relevant parties. The Court will consider your application and the reasons for it. You will need to demonstrate that there has been a significant change in circumstances since the Final AVO was made. The Court may also consider the safety and well-being of the protected person and any children involved. If the Court grants your application, it will vary or revoke the Final AVO and may impose new conditions.
AVO Variation by the Police
If the application to vary or revoke an AVO is made by the PINOP, the process is as follows⁚ A copy of the application should be served on the police and the defendant. The police may serve the application to the defendant on behalf of the PINOP if they are unable to, or if the defendant is in jail. The Court will consider the application and the reasons for it. The Court may also consider the safety and well-being of the protected person and any children involved. If the Court grants the application, it will vary or revoke the AVO and may impose new conditions. It is important to note that a PINOP cannot unilaterally modify or vary an AVO.