NSW Getting Avo revoked

[macaroni]

Hi guys,

I want to get an Avo revoked which was served on my girlfriend by the police. The avo was served to protect me. I think it was a complete over reaction by the police and there were no threats or harm done to me ever.

How do I go about getting it revoked?

It's current a provisional avo and she is required to attend court next week. Is it possible to get it thrown out before needing to go to court?

Thank you

 

[Atticus]

It's current a provisional avo and she is required to attend court next week. Is it possible to get it thrown out before needing to go to court?

Only a magistrate can vary or revoke an AVO, so no it can't be thrown out prior.

At court she will have the opportunity to accept without admissions or oppose and attend a hearing at a later date

Being a police application, having it revoked will depend much on context and circumstance.

1 ... Who called the police and why
2 ... Have police attended a DV incident involving either of you before
3 ... What restrictions imposed on her in the AVO are you concerned about.