How to Get an AVO Dismissed
You have been served with an AVO, or you took one out and now you want it gone. Either way, you are asking the same question: how do I make this disappear?
Here is the plain answer. In New South Wales, police take out most AVOs on the protected person’s behalf, so you usually cannot just “drop” it yourself. You have two real routes. You ask the police to withdraw the order (this is called making representations), or you apply to the Local Court to vary or revoke it. Which route fits depends on who took the order out and whether it is still interim or now final. Below is how each one works, how long it tends to take, and what it costs you if you get it wrong.
“Dropped” and “dismissed” are not the same thing
Most pages use these words as if they mean one thing. They do not, and the difference decides which door you knock on.
An AVO is dropped when the people who brought it stop pursuing it. Police withdraw it, or a private applicant decides not to go on with it. It ends before a contested hearing.
An AVO is dismissed when a magistrate at the Local Court refuses to make it, or ends it, because the grounds are not met or the applicant does not turn up. A court makes an AVO only where the legal grounds are satisfied under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 16. If the evidence does not meet that test, or the applicant fails to appear, the order can be dismissed.
Knowing which one you are actually chasing tells you who you have to persuade: the police, or the court.
Why you usually cannot just drop it yourself
Here is where a lot of people get caught out. If police applied for the order, it is not yours to drop, even if you are the protected person and you have changed your mind. Police take these orders out to protect someone, and they do not withdraw them just because that person now says everything is fine.
So the request has to go to whoever controls the order. If it is a police AVO, you make representations to the police. If a private person applied for it directly, you deal with them and the court. That single fact, who applied, sets your whole strategy.
Route 1: Ask the police to withdraw it (representations)
Representations are a formal request to the officer in charge, and above them the police prosecutor, asking them to withdraw the order. You set out why the order is not needed or is not supported by the evidence.
This is the route most defendants and most protected persons take when police hold the order. It is worth reading our guide on withdrawing a police AVO before you start, because how you frame the request matters.
If you are going to go down this path, the groundwork you do early carries a lot of weight.
If you’re going to choose this pathway, we would suggest you start gathering your evidence as soon as possible. Start saving messages, call logs, getting witness statements, anything that shows your side of the story.
Police take time to consider representations. It is usually several weeks, not days, so do not assume a quick answer. During that wait you need to follow everything set out in the order.
Route 2: Apply to the court to vary or revoke it
If police will not withdraw the order, or a private applicant took it out, you can apply to the Local Court to vary or revoke it. Variation and revocation of both final orders and interim court orders sit under s 73 of the Act.
You are not the only one who can bring this application. A police officer or another interested party can apply too. Where you are the defendant applying to change or end the order, notice has to be served on each protected person first, so they get a say before anything changes.
Legal Aid NSW publishes a plain-English walkthrough for defendants on how to vary or revoke an AVO, including the application form and the steps at the Local Court.
Interim orders and final orders come off differently
An interim order is a temporary court order that holds the position until the final hearing. The realistic path to remove it is the same two routes: police withdrawing it after representations, or an application to the court to vary or revoke it under s 73.
A final order can also be varied or revoked under s 73, but where you are the defendant applying, each protected person must be served with notice first. A final order is not indefinite by default, but it is not short either. Since 28 March 2020, a final ADVO runs for a default of two years for an adult defendant unless the court sets a different period, and the court can make it indefinite, under s 79A. That is the legal terms, unless it is changed.
If you cannot remove it, you may be able to change it
Removing an order outright is not the only option. You can apply to vary it, using an Application to Vary or Revoke an AVO filed at the Local Court, and serving it on the police and on each protected person.
Varying the conditions is often the more realistic win, especially where children are involved. It can be the difference between no contact at all and a workable arrangement.
What it actually costs you if you get this wrong
While the order stands, breaching it is a criminal offence, and the conditions are stricter than most people assume. If there is a no-contact condition, texting the protected person happy birthday is a breach. Commenting on their Instagram post is a breach. Getting a friend to pass on a message is a breach. It does not matter if the other person is fine with it. The order is still the order.
A breach is an offence under s 14 of the Act. It carries up to two years imprisonment, or up to 50 penalty units (about $5,500), or both. Where the breach involved violence, the court must normally impose a prison sentence unless it gives reasons for not doing so. You can read more on what counts in our guide on breaching an AVO.
There is a second cost people forget. A final ADVO disqualifies you from holding a firearms licence for ten years from when the order ends, under the Firearms Act 1996 (NSW), and an interim order suspends a current licence straight away. If your work depends on a licence, that is not a side issue.
A real outcome
A father came to us after being served with an AVO following a heated argument with his ex-partner. His first fear was not the order itself. It was that he would lose contact with his children while it was in place.
He was worried he wouldn’t be able to see his children. We worked with the police to vary the conditions, and that allowed him to communicate through a parenting app and get supervised handovers, so that he could spend at least some time with his kids.
The lesson is worth holding onto. Even while an order is in force, the conditions can often be varied so you stay in your children’s lives. Getting the order removed is one goal. Making it liveable in the meantime is just as important.
Talk to someone who can help
If an AVO is hanging over you, the worst move is to guess your way through it. The rules are strict, the timeframes are real, and a single wrong text can turn a civil order into a criminal charge.
Book a free discovery call with our team of AVO lawyers. No pressure and no judgement, just a clear read on which route fits your situation and what to do next. Call 1300 614 732 or send us a message.
Frequently Asked Questions
How do you get an AVO dismissed in NSW?
An AVO is dismissed when the Local Court refuses to make it or ends it, because the grounds under s 16 are not met or the applicant does not appear. In practice you either ask the police to withdraw it through representations, or apply to the court to vary or revoke it. Which route fits depends on who took the order out.
Can you get an AVO dropped if the protected person changes their mind?
Not on their own. If police took out the order, the protected person cannot simply drop it. Police decide whether to withdraw it, and they weigh safety, not just the protected person’s current wishes. The request is made to police as representations.
How long do police take to decide on representations to withdraw an AVO?
Usually several weeks rather than days. The order stays fully in force while police consider it, so keep complying with every condition until you are told in writing that it has been withdrawn.
What happens if you breach an AVO in NSW?
Breaching an AVO is a criminal offence under s 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It carries up to two years imprisonment, up to 50 penalty units (about $5,500), or both. A breach involving violence usually means a prison sentence unless the court gives reasons not to impose one.
Does an AVO affect your firearms licence?
Yes. A final ADVO disqualifies you from holding a firearms licence for ten years from when the order ends, and an interim order suspends a current licence immediately. For anyone whose work relies on a licence, this is a serious consequence to plan around.
How long does a final AVO last?
Since 28 March 2020, a final ADVO runs for a default of two years for an adult defendant unless the court sets a different period, under s 79A. The court can also make a final order indefinite.