A member asked over 7 years ago

Lifting an AVO

Good Morning,

I was hoping to get some advice and guidance. I recently had an AVO taken out on my ex partner after he assaulted me. This occurred around two months ago. After all the events I'm about to sell my house and move to Victoria. Basically I just want to start fresh and leave this behind me. I don't feel I'd be in danger anymore as he will not know where I am. I have a court date set at the end of February as he pleaded not guilty but I don't want to have to spend the money and time flying back up for it, especially since I will be starting a new career around that time. What are my options?

Many thanks in advance

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It is not clear whether you have obtained a final Apprehended Violence Order (AVO), or whether you have obtained an interim AVO and a decision about whether to impose a final order is to be made at the February court hearing.

In either case, you can apply to court for a revocation of the AVO. You must state the grounds on which you seek the revocation, and you must serve notice of your application for revocation on your former partner. The court will not revoke the AVO if it is satisfied that there has not been a change in the circumstances on which the original order was based. You would therefore need to explain to the court and prove that there is, or will be, a change in circumstances justifying that the AVO be revoked.

Suggested way forward

You should contact the Local Court of NSW (www.localcourt.nsw.gov.au) where you lodged the AVO application for more information on how to revoke the AVO. You may want to speak to a lawyer about your legal options and the consequences of revoking the AVO. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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