Application for annulment
If a Final Apprehended Violence Order (AVO) is made against you when you are not in court, you can apply to have it annulled (cancelled) within two years of the date that the order was made.
You can't apply to have an AVO annulled if you were in court when it was made.
Getting legal advice before you apply for an annulment
Before making your application for annulment, you should get legal advice about:
- whether you have a strong case
- the risk of costs
- how to write and present your application.
Preparing your application
You need a copy of the Local Court form:
-
Application Notice to the Local Court – General
You can get a copy from:
- your nearest Local Court.
- the Forms page on the Local Court website.
In your application, you must:
- explain why you didn't go to court
- annex any documents or evidence that support your explanation, for example, doctors certificates, international airfare tickets, or hospital records.
Sample: Annulment Application 
or text only version
Once you have completed your form you must:
- file it at any Local Court
- pay the filing fee. The current fee is $102.00 (as at 1 July 2022).
Once the Court has processed your application, you will get a date to go to court. This may be on the same day or on another day.
You can file an annulment application at any NSW Local Court, but your matter will be dealt with at the same court where the original decision was made.
The Registrar of the Local Court will notify the protected person and the police of your application. You don’t need to serve them with a copy of your application.
Going to court
When you go to court, you will need to explain:
- why you were not at court when the AVO was made
- why you want the AVO annulled.
The police or the protected person may oppose your application.
The decision
The Court must annul the AVO if:
- you didn’t know about the AVO application
- you couldn’t go to court because of an accident, illness, misadventure or some other reason
- in your circumstances, it is in the interests of justice to do so.
If the AVO is annulled, the Court will re-hear the application for an AVO, either immediately or at a later date.
You must be ready to respond to the application for an AVO straight after the Court grants you an annulment.
If the Court decides to re-hear the application for an AVO on another day, it will notify the police or protected person of this date.