Can the police withdraw an AVO they have applied for the PINOP? The answer is yes; they can, but it depends upon the circumstances.
It is important to remember that only the applicant has the right to cancel an application for an Apprehended Violence Order. Therefore, if the police can put an AVO on someone, they can also withdraw the AVO.
If the AVO application is police-assisted, the protected person often has little say concerning the outcome for the defendant or whether the AVO will be revoked; when the police file for an AVO, it cannot be revoked just because the PINOP doesn’t want it anymore.
Note that in the Code of practice for the NSW Police Force response to Domestic and Family Violence, when the Police apply for an AVO to protect a victim, they have adopted a policy prohibiting the withdrawal of AVO petitions unless there are compelling reasons to do so.
Typically, the Police will take six weeks to evaluate whether or not to withdraw the AVO.
PINOP’s Role in Withdrawing Police AVO
The Protected Person (PINOP) plays a crucial role in the process of applying for an Apprehended Violence Order (AVO). While the police primarily put up an AVO on someone to protect individuals from potential harm, the PINOP’s involvement are essential throughout the legal proceedings.
Can a PINOP withdraw an AVO?
The PINOP can’t vary or revoke the order on their own if the Police are the ones who decide for the AVO. This means that a Magistrate or the Police are the only ones who can withdraw the AVO.
However, the PINOP can talk to their domestic violence officer and ask them to pressure the Police to get rid of the AVO. They can also hire a private AVO lawyer who can help them write a letter to the court.
Withdrawing an AVO typically refers to the person who initially applied for the order deciding to retract or cancel it. This can happen for various reasons, such as reconciliation between the parties involved or a reassessment of the situation.
Dropping an AVO might imply the court or the authorities dismissing or discontinuing the order, which could happen for reasons such as lack of evidence, a change in circumstances, or the request of the involved parties.
Can withdrawing an AVO statement stop police charges?
A witness statement that has been retracted does not guarantee that the changes will be dropped.
In these kinds of cases, it is quite common for the victim either to recant their statement or to express a desire not to have the offender prosecuted.
A PINOP wishing to withdraw an AVO made by the police or change its conditions must apply to a court and have it heard.
Accordingly, the court will consider the views, fears, and wishes of both the PINOP and the police.
As part of their policy, the NSW Police must proceed with charges when there is sufficient evidence to show a crime has occurred. In addition, they believe it is in the public interest.
Any complaint that is withdrawn will not affect prosecution.
What happens if the victim does not want the accused person charged?
Even if the victim doesn’t want criminal charges to be filed, they still can be filed by the police if there is enough evidence to do so.
The NSWPF, following its guidelines and the law, makes the call on whether or not to pursue prosecution.
How to withdraw police AVO through representations?
Representations are lengthy legal briefs submitted to the Police Department by a solicitor and they can be used in withdrawing police AVO.
They can be used to terminate or alter the terms of an AVO.
Criminal charges, such as simple assault or assault resulting in bodily injury, can also be dropped with their help.
Alternatively, representations can be used to update a fact sheet.
A good AVO lawyer is able to help you with preparing representations to withdraw an AVO.
To get an AVO dropped, consult with a lawyer, gather evidence, communicate with the police and the PINOP, consider negotiation, and be prepared to attend court hearings.
Police’s Role in Withdrawing Police AVO
The police’s involvement in AVO applications is crucial in safeguarding potential victims and maintaining public safety in cases of domestic and personal violence.
Why do the police tend to proceed with the filing of AVO even if the PINOP says otherwise?
A policy by the police was adopted to pursue an AVO even if a victim wants it withdrawn.
This was based on incidents where abusive partners attacked victims shortly after criminal charges or AVOs were withdrawn.
The policy was designed to protect victims who defend abusers, despite having been victims of domestic violence and being in danger.
It has, however, gained the natural side effect of allowing AVOs that should have been withdrawn long ago to linger on the Court lists for months.
This leads to increased time and expense for the parties.
Aside from that, a defendant’s liberty can also be restricted for a longer period if the allegations are trivial or there is no admissible evidence.
According to the Crimes (Domestic and Personal Violence), Act 2007 – Sect 27, the police must apply for provisional order in certain circumstances, such as:
- Domestic violence or stalking, or intimidation with intent to cause fear of mental or physical harm has been committed recently.
- Domestic violence or harassment with intent to cause fear of physical or mental harm is likely to be committed.
- A child has been a victim of abuse, which is an offence under section 227 of the Children and Young Persons (Care and Protection) Act 1998
- A child is likely to be abused in the future.
- In their judgment, an AVO should be immediately issued to protect a person and their property.
When do police consult the Domestic Violence Liaison Officer?
In that case, police will confer with the Domestic Violence Liaison Officer and any other appropriate victim/client advocates who may be present.
Police may seek an arrest warrant from the court to apprehend a suspect in a domestic abuse case.
This rarely happens.
Some victims of domestic abuse who report an incident to police later say they made up their story.
Police will keep in mind the dynamics of domestic violence and the probability that the alleged victim’s admission of fabrication was motivated by fear, intimidation, or other pressures as they investigate the falsified report.
A superior officer’s approval must be sought before criminal charges are brought against these individual.
Can the police continue to file For AVO even if the PINOP withdraw statement?
Police in New South Wales must act in the public interest and charge individuals suspected of committing crimes. Police charge domestic violence offenders when enough evidence exists.
It is common for police to file charges whenever an alleged victim provides them with the following:
- DVEC (Domestic Violence Evidence in Chief),
- a written statement, or
- even a verbal account of a crime.
“Evidence in Chief” means that victims/witnesses can tell their stories in their own words. It is often based on the victim’s allegation alone and does not require evidence (such as the victim’s admission, photographs, eyewitnesses, etc.). That being said, the absence of these things can still make the police pursue an ADVO.
Challenging Interim AVOs: Process and Considerations
If the Police on the victim’s behalf puts for an ADVO against someone, they may be given an interim or short-term ADVO until the case is resolved.
The interim ADVO will remain in place until the official decision is made.
Can a defendant challenge an Interim AVO?
A defendant facing an interim AVO has the option to go to court and request for the interim ADVO to be lifted. However, challenging an ADVO can be a challenging process and may not always be considered worth the time and expense.
Both parties involved in the case must present evidence to support their case, and the final decision lies with the magistrate or judge regarding whether the ADVO will be granted.
Even in cases where domestic abuse is suspected, it is important to highlight that the NSW Police often take a strong stand against such cases. Strengthening the defendant’s case might involve demonstrating that the other party is not at risk of violence, stalking, or harassment or proving that the other party intentionally misled the Police or court with malicious intent, revenge, or other motives.
Additionally, if neither party was present when the ADVO was issued, for example, if a police officer requested an AVO on behalf of an alleged victim without their consent, it is possible to file an appeal, which may lead to the Order being revoked.
Need Guidance On How to Drop an AVO?
At Justice Family Lawyers, we understand the complexity of AVOs and DVOs, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.