An Apprehend Domestic and/or Personal Violence Order (AVO) will typically be made final for a period of two years, this can be increased or decreased dependant on the situation. An interim or final Order may be varied or revoked in several scenarios under Section 73 of the Crimes (Domestic and Personal Violence) Act 2007:

• Extension of the duration of the AVO
• Reduction in the duration of the AVO
• Addition of orders to the AVO
• Deletion of orders from the AVO
• Amendment of existing orders of the AVO

If the order involves the Police, they will also be able to hold a position, it is extremely common for the Police to oppose any orders of variation or revocation that reduce an AVO’s power. Despite this we would still recommend discussing the matter with the DVLO of your local station before making an application.

Considerations by the Court

The court must be satisfied that varying or revoking the AVO is proper under all the circumstances. It is important to remember that the courts are often reluctant to vary AVO’s unless they are confident that it is reasonable. The court may refuse to hear an application if:

• There has not been a change of circumstances since the order was made.
• The application is essentially an appeal of the original AVO decision.

Who Can Apply to Vary the AVO?

An AVO can be varied by the following interested parties:

• 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

1. Application for Variation: 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.
2. Supporting Evidence: Submit evidence supporting the need for variation, such as affidavits, witness statements, or other documentation.
3. 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.
4. Outcome: If the court approves the variation, the AVO will be modified accordingly, and both parties will receive updated documentation reflecting the new terms.

Extending an AVO

You can apply to extend an AVO at any time until the last day it is active. The most common reason to extend an AVO is if the defendant has breached the existing AVO or there has been further incidents that give rise for the need for the extension of the court order.

Process for Extending an AVO

1. Application for Extension: When an application to extend the AVO is submitted, the existing AVO will remain in force until a court decision is made. If the application is made the day before the AVO expires, it will stay in force for the next 21 days unless another order is made or the AVO is revoked.

2. Objection by the Defendant: If the defendant objects to the extension of the AVO, the court can set a timetable for both the PINOP (Person In Need Of Protection) and the defendant to prepare written statements explaining why the AVO should or should not be extended.

3. Court Hearing: The application will be heard in court, where the PINOP, the defendant, and any witnesses will give oral evidence.

4. Court Decision: The court must be satisfied that the extension is necessary for the continued protection of the PINOP from the defendant. If the court approves the extension, the updated terms of the AVO will be enforced.

Revoking an AVO

To revoke an AVO, the defendant must apply to a Local Court. After filing the application, the court will provide a listing, typically within a month on the Domestic Violence list day unless there is pressing reason for the matter to be listed earlier.

Common Reasons for Revocation

Some common reasons to request the revocation of an AVO include:

• A change in circumstances that makes the AVO unnecessary.
• The PINOP no longer fears the defendant.
• The AVO places disproportionate restrictions on the defendant.

Consequences and Considerations

An AVO has several consequences for the defendant, such as:

• Inability to hold a firearms licence for 10 years.
• Potential restrictions on working in the security industry.

If the defendant wishes to obtain a firearms licence or work in the security industry, they might apply for the AVO to be revoked to limit these restrictions.

Indefinite AVOs

For indefinite AVOs (no expiry date of the order under Section 79B of the Crimes (Domestic and Personal Violence) Act 2007), the defendant must have the court’s permission (referred to as ‘leave of the court’) to make the application for revocation. The PINOP will be notified of the application and can submit a written statement to the court if they object, explaining why the AVO should not be revoked.

Court Hearing

The application will be heard in court where the following parties may provide oral evidence:

• The defendant
• Protected person(s)
• Applicant
• Witnesses

Importance of Proper Legal Advice

Given the complexities and serious implications surrounding the variations, extensions, or revocation of an Apprehended Violence Order (AVO), proper legal advice is essential. Contact us to engage a specialist AVO lawyer ensures that all legal procedures are correctly followed, increasing the likelihood of a favourable outcome. Legal advice can provide clarity on who to serve the application to, what evidence is required, and how to effectively present your case in court. Missteps in the process can result in the court refusing to hear your application or denying the desired changes. Therefore, obtaining legal counsel can help navigate the intricate legal landscape, protect your rights, and ensure compliance with all statutory requirements.