On this page:
·Can An AVO be Revoked or Varied?
·Can Undertakings Be Given Instead of An AVO?
·Served with an AVO? Where to Now?
Can An AVO be Revoked or Varied?
Yes. If there are good reasons why the AVO should no longer be in place or should be varied, then application can be made to the Local Court. This may happen if the parties reconcile or in circumstances where the party whom the defendant is prohibited from contacting continues to contact the defendant suggesting perhaps that there is no such need for such restrictive orders.
Can Undertakings Be Given Instead of An AVO?
Yes – but only if all parties are willing and accepting of this outcome. The advantage of settling this type of matter with mutual undertakings is two-fold. Generally once undertakings are given, the parties will comply with them. If there is non-compliance, it is relatively easier to obtain a further AVO. Secondly, there is no criminal offence for breaching an Undertaking whereas there certainly is if there is an alleged breach of an AVO.
Of course the person who was seeking protection is under no obligation to accept undertakings and if they are genuinely fearful, it must be accepted that they will not accept undertakings.
Served with an AVO? Where to Now?
Seek expert advice. Generally speaking, you can consent to an AVO being made without admitting the reasons set out by the person making the application for the AVO. Alternatively, you can consent to the AVO being made and admit that the reasons set out in the application are genuine.
However, you might believe that there is absolutely no need for an AVO, in which case you can elect for the matter to be set down for hearing.
Some AVO applications are genuine and others are not. It is a very simple procedure for someone to make application for an AVO. If the application is made for some advantage or by falsifying a complaint, or as a pay back of some sort, then it is all too easy for that person to allege a breach of the order which would generate a criminal offence and put you at risk of serious penalties including imprisonment.