How to get an AVO dropped?

One of the most common questions people ask after being served with an Apprehended Violence Order (AVO) is:

“Can I get the AVO dropped?”

The answer is that an AVO can sometimes be withdrawn, dismissed or discontinued, but the outcome depends on the circumstances of the case and who applied for the order.

If you are facing an AVO in New South Wales, it is important to understand the legal process and your available options.

What Is an AVO?

An Apprehended Violence Order (AVO) is a court order designed to protect a person from violence, threats, intimidation, harassment or stalking.

There are two main types of AVOs:

• Apprehended Domestic Violence Orders (ADVOs)

• Apprehended Personal Violence Orders (APVOs)

An AVO is not itself a criminal conviction. However, breaching an AVO is a criminal offence and can result in serious penalties.

Can an AVO Be Dropped?

In some circumstances, yes.

An AVO may be:

• Withdrawn by the applicant

• Withdrawn by police

• Dismissed by the court

• Discontinued during proceedings

However, many people mistakenly believe that if the protected person no longer wants the AVO, the matter will automatically disappear.

This is not always the case.

What Happens If the Protected Person Wants the AVO Withdrawn?

Where police have applied for the AVO, the protected person’s wishes are only one factor considered by the prosecution.

Even if the protected person asks for the AVO to be withdrawn, police may continue pursuing the application if they believe there are ongoing safety concerns.

The final decision is generally not made solely by the protected person.

Defending an AVO

If you disagree with the allegations, you may choose to oppose the AVO.

In defended proceedings, the court may consider:

• Whether the allegations are proven

• Whether there are reasonable grounds to fear future violence, intimidation or harassment

• The credibility of witnesses

• The reliability of evidence

• Whether an order is necessary in the circumstances

If the court is not satisfied that an AVO should be made, the application may be dismissed.

How Are AVO Applications Dismissed?

An AVO application may be dismissed where:

• The evidence is insufficient

• Allegations are not established

• Witnesses are not accepted by the court

• The court determines an order is unnecessary

Every case depends on its individual facts.

Can Police Withdraw an AVO?

Yes.

Police may decide to withdraw an AVO application in certain circumstances, including after reviewing evidence or reassessing the need for the order.

However, police are generally cautious when considering withdrawal, particularly in domestic violence matters.

Should You Consent to an AVO?

In some situations, a person may choose to consent to an AVO without admissions to the allegations.

This can sometimes avoid the need for a contested hearing.

Whether this is appropriate depends on:

• The specific allegations

• The proposed conditions

• Employment considerations

• Family law implications

• Firearms licensing issues

Legal advice should be obtained before making any decision.

What Evidence Can Help Defend an AVO?

Relevant evidence may include:

• Text messages

• Emails

• Social media communications

• Witness statements

• CCTV footage

• Telephone records

The strength of the evidence often plays a significant role in determining the outcome.

Frequently Asked Questions

Can an AVO Be Removed Before Court?

An AVO may be withdrawn before the final hearing in some circumstances, but this depends on the applicant and available evidence.

Can the Protected Person Cancel an AVO?

Not necessarily. Where police are involved, the protected person cannot simply cancel the proceedings on their own.

Will an AVO Affect Employment?

In some professions and circumstances, an AVO may have employment implications depending on licensing and job requirements.

Do I Need a Lawyer for an AVO?

While legal representation is not mandatory, a lawyer can assist in reviewing the evidence, advising on available options and representing you in court.

Speak With an AVO Lawyer in Sydney

If you have been served with an AVO or wish to challenge an AVO application, obtaining legal advice early can be important.

Michael Confos Lawyer provides representation in AVO matters throughout Sydney and New South Wales, including defended hearings, negotiations and related criminal proceedings.

Disclaimer

This article provides general information only and does not constitute legal advice. No solicitor-client relationship is formed by reading this content. You should seek independent legal advice from a qualified lawyer regarding your individual circumstances.