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Can an AVO be changed or revoked?

My boyfriend and I have had a rocky relationship but we’re thinking about getting back together. About 6 months ago the police got an AVO for me because of his violent behaviour. He says he’s changed and I want to make a go of it. Can the AVO be withdrawn?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
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  1. AVOs & VROs
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Forbes 2871 NSW

  •  An application can be made at any time during the AVO period for it to be changed or revoked (withdrawn).
  • Either the protected person or the named person can make an application to the court.
  • The court may vary or revoke the order if it is satisfied that it is proper in all the circumstances for it to do so.
  • An AVO cannot be changed or revoked unless notice of the application to change has been served on the other party.
  • A court can refuse to hear an application to vary an AVO if it is satisfied that the circumstances have not changed.

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