The Variation and/or revocation of a final Apprehended Violence Order can be made under section 73 of the Crimes (Domestic and Personal Violence) Act 2007 in a number of situations:
- An extension of the duration of the AVO
- A reduction in the duration of the AVO
- Additional orders to the AVO
- Deletion of orders from the AVO
- Amending existing orders of the AVO
The decision to vary or revoke an Apprehended Violence Order is a matter for the court, the court must be satisfied that in all the circumstances it is proper to do so. The court can also refuse to hear an application to vary or revoke an AVO if:
- there has not been a change of circumstances since the order was made, and
- the person who made the application is trying to in effect appeal the making of the AVO.
Who can apply to vary the AVO?
An AVO can be varied by an interesting person.
- protected person or original applicant
- A Police Officer
- guardian of a protected person
- the defendant
- Department of Family and Community Services
Process for Varying an AVO
- Application for Variation: You must file an application with the local court that issued the original AVO. This involves completing the necessary forms and providing reasons for the requested changes.
- Supporting Evidence: Submit evidence supporting the need for variation. This might include affidavits, witness statements, or other documentation that explains why the change is justified.
- Court Hearing: A court hearing will be scheduled where both parties can present their cases. The judge will consider the evidence and decide whether to grant the variation.
- Outcome: If the court approves the variation, the AVO will be modified accordingly. Both parties will receive updated documentation reflecting the new terms.