How Long Does It Take To Withdraw An AVO: Everything You Need to Know
How long does it take to withdraw an AVO?
The time it takes to withdraw an apprehended violence order (AVO) can vary depending on the jurisdiction and the case's specific circumstances. Some factors that can affect the timeline including:
Court availability: The time it takes to have a hearing to withdraw an AVO may depend on the court's schedule and the availability of a judge.
Evidence and documentation: If the parties involved have evidence or documentation to support their case, this may affect the time it takes to withdraw the AVO.
Legal representation: Having a lawyer can help speed up the process, as they can help ensure that all necessary documentation is filed correctly and on time.
Agreement between parties: If the parties involved agree to withdraw the AVO, this can speed up the process as there is no need for a hearing.
Jurisdiction: The process of withdrawing an AVO can vary depending on the jurisdiction in which it was issued. The process can take several months in some states, while it may take only a few weeks in others.
Type of AVO: The time it takes to withdraw an AVO may also depend on the kind of AVO issued. For example, an Interim AVO may be removed more quickly than a Final AVO.
Court processes: The court process for withdrawing an AVO can be lengthy and may include several hearings, which can add to the time it takes to withdraw the AVO.
It's important to note that the length of time an AVO remains in effect can also be impacted by legal proceedings and the outcome of any court cases related to the AVO.
How Long Does It Take to Withdraw an AVO, and Who Can Withdraw the AVO Application?
The only person who may withdraw a request for an Apprehended Violence Order is the person who made the application.
This can happen in court at any time during the case.
It is insufficient to request the withdrawal of an AVO on the grounds that it has caused family disruption or that you no longer feel in danger.
How Long Does It Take to Withdraw an AVO, and
Can the Police Withdraw the AVO They Filed?
Yes, the police can withdraw the AVO they filed.
However, in the Code of Practice for the NSW Police Force's response to domestic and family violence, it is crucial to know that if the police request an AVO to protect a victim, the petition cannot be withdrawn unless there are compelling reasons to do so.
To request that the police withdraw an AVO, the protected person and the defendant must seek assistance from legal professionals separately.
The lawyer can draft a letter on behalf of the protected person requesting that the AVO be lifted. On the other hand, the legal representative for the defendant has to create and submit "representations" with the police requesting the withdrawal of the AVO.
Typically, police will take six weeks before deciding whether or not to withdraw the AVO.
If the police believe that the AVO is no longer required or that the circumstances have changed, they may petition the court to withdraw, modify, or revoke the AVO. However, the court will still make the final determination.
Conclusion
Question: How long does it take to withdraw an AVO?
Answer: The time it takes to withdraw an Apprehended Violence Order (AVO) can vary depending on factors such as court availability, evidence and documentation, legal representation, an agreement between parties, jurisdiction, the AVO type, and the court processes.
The process may take 3 weeks to 12 months. It is essential to consider the potential consequences of withdrawing an AVO and seek legal advice if necessary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
