​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Extensions, revocations and variations​

    ​Who can apply to extend, revoke or vary an AVO

    An application to extend (lengthen), reduce (shorten), vary (change) or revoke (cancel), or an Interim or Final AVO can be made by either the:

    • protected person
    • applicant, or
    • defendant.

    Alert IconOnly the police can make an application to vary, extend, reduce or revoke an AVO where the protected person is under 16 years of age at the time the application is made.

    Applying to extend (or reduce) the AVO

    A Final AVO will be made for a specified period of time, for example, six months, 12 months, or two years. The magistrate will decide how long the AVO should last based on your circumstances and any requests made by the protected person and applicant. Most AVOs are made for 12 months.

    Reduce

    If you are the defendant in an AVO and the AVO still has some time before it expires, you may believe that the protected person no longer needs the AVO because of a change in circumstances. If that is the case, you can apply to the court to reduce the length of the AVO.

    You need to:

    • fill out an 'Application to Vary or Revoke Apprehended Violence Order' form 
    • explain why you are applying to reduce the time the AVO is in force 
    • file the application with the court and you will be given a date to come back to court

    If you are considering applying to reduce an AVO you should contact your local ​court as you may need to make an appointment to discuss the application with registry staff before it can be dealt with by the court.

    If the protected person or applicant objects to the application you and the protected person or applicant may be ordered to prepare written statements explaining why the AVO should or shouldn't be reduced. The application will then be listed for a hearing where you, the protected person or applicant and any witnesses will be able to give oral evidence.

    For the application to be successful, you will need to show that there has been a change in circumstances that require the change. For example, you may have moved interstate and no longer pose any threat to the protected person.

    Sample: For a sample form, see Sample Application to Vary (reduce) an Apprehended Violence Order (18.087 kb) or text only version.

    Alert IconBefore applying to reduce the AVO, you should get legal advice. The court may decide that you are still a threat to the protected person, even though you have moved interstate or a long distance from the protected person.

    Extend

    If the AVO is about to expire, the protected person or the applicant may apply to extend the length of an AVO. If the protected person or applicant make an application, you will be notified.

    If you want to object to the application you and the protected person or applicant may be ordered to prepare written statements explaining why the AVO should or shouldn't be extended. The application will then be listed for a hearing where you, the protected person or applicant and any witnesses will be able to give oral evidence.

    Alert IconIf you are concerned about the application to extend an AVO, you should get legal advice.

    Applying to revoke the AVO

    If you or the protected person want the AVO revoked (cancelled) you can make an application to the court.

    You may want the AVO revoked because:

    • there is a change in circumstances and you feel the AVO is not necessary
    • the AVO places restrictions on you.

    While an AVO does not give a person a criminal record, it does mean that you can't hold a firearms licence for 10 years. It also places restrictions on you working in the security industry. If you want to get a firearms licence or security licence you may want to ask the court to revoke an AVO.

    You may apply to revoke an AVO while it is still in force.

    You need to:

    • fill out an 'Application to Vary or Revoke Apprehended Violence Order' form
    • explain why you are applying to revoke the AVO
    • file the application with the court and you will be given a date to come back to court.

    If you are considering applying to revoke an AVO you should contact your local court as you may need to make an appointment to discuss the application with registry staff before it can be dealt with by the court.

    If the protected person or applicant objects to the application you and the protected person or applicant may be ordered to prepare written statements explaining why the AVO should or shouldn't be revoked. The application will then be listed for a hearing where you, the protected person or applicant and any witnesses will be able to give oral evidence.

    Sample: For a sample form, see Sample Application to Vary (Revoke) Apprehended Violence Order (20.323 kb) or text only version.

    Applying to vary the AVO

    When an AVO is made, the types of orders made will depend on the circumstances. Every AVO has mandatory orders (standard orders) that restrict you from doing certain things. The police or court can also make additional orders which may restrict you from living with or contacting the protected person.

    For more information, see Mandatory and additional orders.

    If you want to vary the AVO

    You can apply to vary (change) the original orders made, if you think:

    • that some of the original orders are no longer necessary, or
    • they place too many restrictions on you and you want one or more of the orders removed.

    You need to:

    • fill out an 'Application to Vary or Revoke Apprehended Violence Order' form
    • explain why you are asking for a variation and what variation you want
    • file the application with the court and you will be given a date to come back to court

    If you are considering applying to vary the AVO you should contact your local court as you may need to make an appointment to discuss the application with registry staff before it can be dealt with by the court.

    If the protected person or applicant objects to the application, you and the protected person or applicant may be ordered to prepare written statements explaining why the AVO should or shouldn't be varied. The application will then be listed for a hearing where you, the protected person or applicant and any witnesses will be able to give oral evidence.

    For the AVO to be varied, you need to show the court that there has been a change in circumstances. For example, you and the protected person may have reconciled and want to start living together again, which might mean you need to have an order restricting contact removed from the AVO. It is possible to still have an AVO in place and live with the protected person, as long as the orders made in the AVO allow this.

    If the protected person wants to vary the AVO

    The protected person and the applicant can also apply to vary the terms of an AVO. If the protected person or the applicant apply to vary the AVO you will be notified of the application.

    If you want to object to the application you and the protected person or applicant may be ordered to prepare written statements explaining why the AVO should or shouldn't be varied. The application will then be listed for a hearing where you, the protected person or applicant and any witnesses will be able to give oral evidence.

    Alert Icon If you are concerned about the application to vary an AVO, you should get legal advice

    Applying to extend, revoke or vary a Provisional AVO

    A Provisional AVO is an urgent AVO application which is applied for by the police.  The order can be made by a court or by a senior police officer.

    Only the police can apply to vary a Provisional AVO where the AVO was made by t​he court.

    A defendant can make an application to vary a Provisional AVO made by a senior police officer.​

    If you make an application to vary or revoke a Provisional AVO you must serve it on the Local Area Command (LAC) of the police who applied for the AVO. The contact details of the LAC will be on the Provisional AVO served on you by police.

    A police issued Provisional AVO is valid for 28 days or until the first court date, whichever comes first. If you are the defendant, you can apply to the court to vary or revoke the AVO before the court date listed on the Provisional AVO.

    AlertIf you make an application to vary or revoke a police issued Provisional AVO the application must be made at the same court where the AVO is listed (this will appear on the original paperwork the police p​rovided when they served you with the AVO).​