Understanding How to Withdraw a Police-Issued AVO in NSW

 

Withdrawing a police-issued Apprehended Violence Order (AVO) is possible under certain conditions, but it's not simple. Police can apply to revoke an AVO they initiated, though success hinges on the facts of the case.

Only the applicant—here, the police—holds the authority to cancel the application. When police file on behalf of a protected person (known as the PINOP), that person typically has limited influence over revocation. Police won't drop it solely because the PINOP changes their mind.

NSW Police follow a strict code for domestic and family violence responses. They rarely withdraw AVO applications without strong justification, often taking around six weeks to review requests.

Role of the Protected Person (PINOP)

The PINOP is central to AVO proceedings, even when police lead the application to prevent harm.

Can the PINOP Withdraw a Police AVO?

No, the PINOP cannot independently revoke or modify a police-initiated AVO. Only the police or a magistrate can do so.

That said, the PINOP can contact a domestic violence support officer to advocate for withdrawal. Hiring a lawyer to draft a formal letter to the court or police is another option. Withdrawal might stem from reconciliation or shifted circumstances, but courts or authorities must approve any dismissal due to insufficient evidence or other factors.

Does Retracting a Statement Halt Charges?

Retracting a witness statement doesn't automatically stop charges. Victims often recant or oppose prosecution in these cases.

To withdraw a police AVO or adjust conditions, the PINOP must apply to the court. Judges weigh the PINOP's views alongside police input. NSW Police policy requires pursuing charges with solid evidence, prioritizing public interest—retracted complaints don't derail this.

What If the Victim Opposes Charges?

Police can still prosecute if evidence supports it, regardless of the victim's wishes. They decide based on guidelines and the law.

Using Representations to Withdraw an AVO

Solicitors can submit detailed legal representations to the police, aiming to end or amend an AVO. These can also help dismiss related charges like assault or update case facts.

Steps to pursue withdrawal include consulting an AVO lawyer, collecting evidence, engaging police and the PINOP, negotiating, and attending hearings.

Police Role in AVO Withdrawals

Police play a key part in AVOs to protect victims and public safety in violence cases.

Why Police Persist Despite PINOP Objections

Police policy mandates continuing AVOs even if victims request withdrawal. This stems from cases where abusers harmed victims post-revocation.

The approach shields those who defend abusers out of fear. Drawbacks include prolonged court delays, added costs, and unnecessary restrictions on defendants when the evidence is weak.

Under Section 27 of the Crimes (Domestic and Personal Violence) Act 2007, police must seek provisional AVOs if recent or likely violence, stalking, intimidation, child abuse, or immediate protection needs exist.

Consulting Domestic Violence Liaison Officers

If a victim skips court, police consult liaison officers or advocates. Arrest warrants for suspects are rare.

When victims later claim false reports, police consider coercion dynamics before acting, requiring senior approval for charges.

Can Police Proceed After Statement Withdrawal?

Yes, NSW police prioritize public interest and prosecute with sufficient evidence, like Domestic Violence Evidence in Chief (DVEC), statements, or verbal accounts. Victim allegations alone often suffice, even without photos or witnesses.

Challenging Interim AVOs

Police may issue interim AVOs (valid until the final hearing) on a victim's behalf.

Can Defendants Challenge an Interim AVO?

Yes, defendants can apply to the court to lift it. Success requires evidence showing no ongoing risk of violence, stalking, or harassment—or proof of misleading claims driven by revenge.

If issued without parties present (e.g., police acting unilaterally), appeals can succeed. Both sides present cases; magistrates decide.

Key Takeaways

Police AVO withdrawals demand balancing individual safety with public protection, often requiring court involvement and time. Legal advice is vital to navigate police policy, evidence rules, and hearings effectively.

For expert guidance on withdrawing a police-issued AVO in NSW, visit Justice Family Lawyers. Their Sydney-based team, awarded Family Law Firm of the Year in Australia (2026) and Best Family Law Firm 2026 – Sydney, specializes in AVO matters with over 235 five-star Google reviews. Experienced lawyers Hayder Shkara and specialists in AVO disputes offer tailored services, including applications, defenses, variations, revocations, and breach advice to protect your rights and resolve cases efficiently. Contact them for a confidential consultation to navigate these complex processes with clarity and strategic support.

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