How to Get an AVO Dismissed
When discussing how to get an avo dismissed, it’s helpful to understand what “dismissed” and “dropped” actually mean.
While they’re often used interchangeably, there’s a small difference. “Dismissed” generally refers to a court formally deciding to end the Apprehended Violence Order (AVO).
This might be due to a lack of evidence, the protected person no longer feeling fear, or a change in circumstances.
On the other hand, how to get an avo dropped can describe a broader range of situations, such as the protected person asking to withdraw the AVO or police choosing not to proceed.
Both outcomes involve ending the order, but dismissal is usually a result of a court decision, while dropping might happen through agreement or a withdrawal before it reaches that stage.
In some cases, people may also want to vary the conditions of an AVO instead of ending it, especially if they want parenting time with their children.
How to Get an AVO Dropped
If you’re trying to understand how to get an avo dropped, there are a few steps that might help guide the process:
- The protected person (also known as the PINOP) should first get independent legal advice. It’s important that this advice doesn’t come from the same firm representing the defendant.
- That lawyer can then draft a letter to the police or court, asking that the AVO be withdrawn. The letter should outline why the order is no longer needed.
- The defendant’s lawyer will often prepare written “representations” to the police, asking that they withdraw the AVO. These need to be clear, respectful, and explain why the case should not go ahead.
- The court process might need to be delayed so the police have time to consider the request.
If the police agree, the AVO will be withdrawn. This is often what people mean when they talk about how to get an avo dropped. If not, you might still be able to challenge the AVO in court.
In private AVO matters, where the protected person applies without police involvement, they can write directly to the court and ask for the AVO to be dismissed.
This is more aligned with how to get an avo dismissed, as the request goes straight to the decision-maker.
AVO Lawyer Services
Having a lawyer with experience in AVO cases can be helpful. They may be able to:
- Look at the evidence to see how strong or weak the case might be.
- Talk with the police or prosecution about whether the AVO can be changed or withdrawn.
- Find problems with the evidence, such as unclear witness accounts or how the evidence was collected.
- Help prepare you for what might happen in court if the AVO isn’t withdrawn or dismissed.
When you’re looking into how to get an avo dismissed, it’s often a good idea to talk to someone who understands these matters clearly.
Ways an AVO Can Be Dismissed
There are a few different situations where a court might decide to dismiss an AVO:
- The protected person doesn’t come to court. This can lead the magistrate to end the case unless there’s a good reason for the absence.
- The protected person gives evidence that they’re no longer afraid of the defendant. This doesn’t always apply, especially if children are involved.
- There isn’t enough evidence of violence, threats, stalking, or harassment.
- In police-initiated cases, if police don’t provide their evidence in time, the court might dismiss the case. But they usually get another chance before the court makes a final decision.
If you’re asking how to get an avo dismissed, these situations show what the court considers when making that call.
Removing an Interim ADVO
An interim ADVO is a short-term order put in place while a court considers the full matter. It’s meant to provide protection while things are being sorted out.
This order can be made if someone doesn’t attend court, contests the AVO, or if there’s an urgent need. But if time passes and no breaches happen, the court may decide the interim order isn’t needed anymore.
If you believe there’s no real risk and you want to challenge an interim order, showing that no incidents occurred during that time can help support your argument about how to get an avo dropped.
Removing a Final ADVO
Getting rid of a final ADVO is more involved. If the police applied for the order but didn’t have strong evidence or didn’t have a statement from the PINOP, it could be possible to ask the court to remove it.
In cases where the PINOP misled the police, evidence of this might be helpful. If you can show that the situation was misrepresented or that there’s been a big change in circumstances, the court may reconsider the order.
Seeking advice from someone with experience in domestic violence matters can help guide you through this process and help you understand your options clearly.
Vary an Apprehended Violence Order
Sometimes you don’t need to end the AVO completely. You can apply to change it instead. This is common when one or more conditions no longer make sense for your situation.
You’ll need to get the court’s permission to make this change and show that something has changed since the order was made. If the protected person disagrees, you both may need to give written statements, and the matter could go to a hearing.
As part of understanding how to get an avo dismissed, it’s worth considering whether variation might be the better option instead of trying to end the order entirely.
FAQs
Can an AVO be dismissed if the protected person doesn’t go to court?
Yes, sometimes. If the person who made the complaint doesn’t show up, the court may dismiss the case unless there’s a good reason for their absence.
What’s the difference between dismissed and dropped?
How to get an avo dismissed usually means a court has formally ended the order. How to get an avo dropped can include other ways the order is withdrawn before the court makes that decision.
Can I ask the police to drop the AVO?
Yes, but the police don’t always agree. You can send written representations explaining why you think the AVO should be dropped. This is one step in how to get an avo dropped.
Do I need a lawyer to get an AVO removed?
It’s not required, but having a lawyer who understands these matters can be helpful, especially when the case goes to court.
What happens if the protected person no longer feels afraid?
If they’re willing to give that evidence in court, the magistrate might consider ending the AVO. This is one possible answer to how to get an avo dismissed.
Talk to Someone Who Can Help
If you’re trying to figure out how to get an avo dismissed or how to get an avo dropped, it helps to speak with an AVO lawyer who has handled these types of cases before.
They can explain your options, help prepare documents, and support you through court. If you need advice on your next steps, reach out to the team at Justice Family Lawyers for clear and respectful guidance.