Can an AVO Be Dropped in NSW?

One of the most common questions people ask after an Apprehended Violence Order (AVO) is made is whether it can simply be “dropped.”

The answer is sometimes—but not automatically.

Many people believe that if the protected person no longer wants the AVO, the matter will simply disappear. In reality, the court ultimately decides whether an AVO should be made, varied or dismissed.

If you’ve been served with an AVO or want to know whether it can be withdrawn, obtaining legal advice early is important.

Michael Confos regularly represents clients in AVO matters throughout Sydney and NSW. If you have an upcoming court date or want advice about removing or defending an AVO, contact ⁠AVO Lawyer Sydney today for a free consultation.

Can the Protected Person Cancel an AVO?

Not necessarily.

Although the wishes of the protected person may be relevant, they cannot simply cancel an AVO themselves.

Once court proceedings have commenced, the matter is ultimately determined by the court.

Where police have applied for the AVO, the prosecution may continue even if the protected person no longer wants the order.

What If the Protected Person Wants the AVO Withdrawn?

The protected person may inform police or the court that they no longer wish to continue with the application.

However, this does not automatically mean the proceedings will end.

The court will consider all of the circumstances before deciding whether the application should proceed.

Can Police Continue the Application?

Yes.

In many cases, NSW Police are the applicants rather than the protected person.

If police believe an AVO is necessary for someone’s protection, they may continue with the application even if the protected person asks for it to be withdrawn.

Every case depends on its individual circumstances.

Can I Ask the Court to Dismiss the AVO?

Yes.

If you oppose the application, the court may hear evidence from both parties before deciding whether an AVO should be made.

Depending on the circumstances, you may:

• oppose the application

• negotiate proposed conditions

• consent without admissions

• seek legal advice before deciding how to proceed

Obtaining legal advice before your court date allows you to understand the strengths and weaknesses of your case.

Michael Confos regularly appears in Local Courts across NSW representing clients in defended AVO hearings. Learn more by visiting ⁠AVO Lawyer Sydney.

What If We Have Reconciled?

It is common for people involved in domestic relationships to reconcile after an AVO application has been made.

However, reconciliation does not automatically end the court proceedings.

The court may still determine that an AVO is appropriate after considering all of the evidence.

You should never assume that resuming the relationship means the AVO no longer applies.

Can an Existing AVO Be Changed?

In some circumstances, an existing AVO may be:

• varied

• revoked

• replaced

• extended

Whether this is possible depends on the facts of the case and the applicable legislation.

If your circumstances have changed, you should obtain legal advice before making any application to the court.

What Happens If I Ignore the AVO?

Ignoring an AVO can have serious consequences.

If an AVO is in force, you must comply with every condition until it is changed or revoked by the court.

Breaching an AVO is a criminal offence that can result in:

• arrest

• criminal charges

• a criminal record

• fines

• imprisonment

Even if the protected person agrees to the contact, you may still commit an offence by breaching the order.

Frequently Asked Questions

Can the protected person drop an AVO?

Not by themselves. The court ultimately decides whether an AVO should continue.

Can police continue with an AVO if the protected person doesn’t want it?

Yes. Police may continue the application if they believe the order remains necessary.

Can I defend an AVO?

Yes. You may oppose the application and have the matter determined by the court.

Should I speak to a lawyer?

Yes. Early legal advice allows you to understand your options before making important decisions about your case.

Key Legislation

Applications to make, vary or revoke AVOs are primarily governed by:

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Evidence Act 1995 (NSW)

Relevant Case Law

Whether an AVO should be withdrawn, varied or dismissed depends on the individual facts of the case and whether the court is satisfied that the statutory requirements have been met.

Each application is determined on its own circumstances.

Need Advice About an AVO?

If you’re hoping to have an AVO withdrawn, you’ve reconciled with the protected person or you’re considering defending the application, obtaining legal advice before your next court appearance is essential.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients in ADVO and APVO proceedings throughout NSW. Whether you’re seeking to defend an AVO or understand your legal options, early advice can make a significant difference.

Call today for a free consultation or learn more by visiting ⁠AVO Lawyer Sydney.

You may also find these articles helpful:

• ⁠AVO Lawyer Sydney

• ⁠What Is an AVO in NSW?

• ⁠What Happens If You Breach an AVO in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship with Michael Confos. If you require legal advice about an AVO or any other criminal matter, you should obtain advice from a qualified Australian lawyer.