​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 |

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Extensions, revocations and variations

    Who can apply to e​xtend, revoke or vary an AVO?

    An application to extend (lengthen), reduce (shorten), vary (change) or revoke (cancel) an Interim or Final Apprehended Violence Order (AVO) can be made by 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.

    For information on Provisional AVOs, see the separate subheading below.

    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 for based on your circumstances and any requests made by you. Most AVOs are made for 12 months.

    Extend

    If the AVO is about to expire and you are worried that the defendant will assault, intimidate, harass or stalk you when the AVO ends, you can apply to the court to extend the AVO.

    Alert IconYou should try to give yourself plenty of time to make an application to extend an AVO. The court may extend the order for up to 21 days before the application is heard, unless another order is made or it is revoked. However, you can make an urgent application to extend the AVO the day before it ends.

    You need to:
    • ​fill out an 'Application to Vary or Revoke Apprehended Violence Order' form
    • explain why you are applying for an extension of your AVO
    • file the application with the court and you will be given a date to come back to court.

    ​If the defendant objects to the application you and the defendant may be ordered to prepare w​ritten statements explaining why the AVO should or shouldn't be extended. The application will then be listed for a hearing where you, the defendant and any witnesses will be able to give oral evidence.

    For the application to be successful, the court must be satisfied that you nee​​d the extension. For example, the defendant may have moved into a property in the same street as you, sent you a recent threatening message, or breached the current AVO.

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

    Reduce

    The defendant may apply to reduce the length of an AVO. If the defendant makes an application, you will be notified

    If you want to object to the application you and the defendant 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 defendant and any witnesses will be able to give oral evidence.

    Applying to revoke the AVO

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

    An application to revoke an AVO will usually be made by a defendant because:

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

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

    A defendant may apply to revoke an AVO while it is still in force. If the defendant makes an application to revoke an AVO you will be notified of the application. 

    If you want to object to the application you and the defendant 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 defendant and any witnesses will be able to give oral evidence.

    If the court decides to revoke the AVO, the defendant will no longer be restricted from having a firearms licence.

    Alert IconIf you are concerned about the defendant's application to revoke an AVO, you should get legal advice.

    Applying to vary the AVO

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

    For more information, see Mandatory and additional orders.

    If you want to vary the AVO

    You may want to vary (change) an Interim or Final AVO, because:

    • you think the original orders are not enough to protect you, or
    • you want one or more of the orders removed.

    If you want to vary the AVO, you can make an application to the court

    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 the defendant objects to the application, you and the defendant 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 defendant and any witnesses will be able to give oral evidence.

    For the application to vary the AVO to be successful, you need to show the court that there has been some change in circumstances. For example, you and the defendant may have reconciled and want to continue living together, which might mean you need to have an order restricting contact removed from the AVO. It is still possible to have an AVO and live with the defendant, as long as the orders allow this.

    If the defendant wants to vary the AVO

    The defendant can also apply to vary the terms of an AVO. If the defendant applies to vary the AVO you will be notified of the application.

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

    Alert IconIf you are concerned about the defendant's application to vary an AVO, you should get legal advice. ​​

    Applying to 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 the court.

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

    The police will notify you if the defendant makes an application to revoke or vary a Provisional AVO.​