Dropping an AVO

Having an AVO dropped (withdrawn) is not easy and very few matters are withdrawn by the Police. This is because the NSW police force has a pro active and pro prosecution policy towards any allegation of domestic violence. This policy is set out in their code of practice in response to domestic and family violence.

Within this code of practice the following statement is made "The NSW Police Force will use a proactive approach in dealing with offenders. This approach requires Police to not only respond to instance of domestic and family violence and give stronger consideration to arrest; but to develop strategies to reduce repeat offender behaviour and manage repeat and high risk offenders"..

This means that Police are likely to take out an AVO against someone they suspect may have committed a domestic violence offence for the protection of an alleged victim. This alleged victim may not want an AVO and may not have been the "victim".

It has been our experience that the occasions when the NSW Police Force may withdraw an Apprehended Violence Order are in the following circumstances:

  1. Where the alleged victim has not made a statement to the Police and there is no other evidence available to the Police to warrant the making of an AVO.
  2. The alleged victim (protected person) of the AVO has moved outside NSW and no longer wants an AVO.
  3. Where the alleged victim can be shown to be telling lies.

It has been our experience that the NSW Police Force will not withdraw an Apprehended Violence Order merely because the alleged victim does not want an AVO or that imposing an AVO is likely to have a negative effect upon the family unit.

If you require assistance in drafting a letter to the NSW Police Service seeking the withdrawal of an Apprehended Violence Order please do not hesitate to contact us on 9261 4555 and we will be able to provide you with free telephone legal advice.

The Process

In order to have the NSW Police Force consider withdrawing an Apprehended Violence Order an application should be made in writing to the Local Area Commander of the Police Station where the Police Officer who took out the AVO is stationed. Once the letter is received by the Local Area Commander the file will be given to the Officer in Charge of the AVO matter for his or her comment. The file will then go to the Police Prosecutor at the Court where the matter will be dealt with for their action. The process normally takes between 4 and 6 weeks.

Disclaimer

The information presented on this website has been provided by Armstong Legal. The pages on this website are not a substitute for legal or other professional advice. Accessing or obtaining information from this website does not create a client-lawyer relationship.