AVOs – how to have them revoked or varied

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January 27, 2013 by Todd

Often, when people are defending an AVO, they just want it over with.  They don’t think about how the AVO will affect them at the time it is made or afterwards.   Sometimes, they don’t receive advice about all of the consequences from their lawyer.  It is only later when the realise that it has affected their firearms licence, their Working With Children clearance or that it causes them some real practical difficulties.  In any of these cases, that person may be able to ask the court to revoke or vary the AVO.

When can you make an application to vary or revoke an AVO?

An application to revoke or vary can be made at any time.  You can even ask the Court to revoke an AVO after it has expired.  However, your application must set out why the court should revoke the AVO or how you want it to be changed.

If you want the AVO revoked, you need to show the court that it is appropriate to do so and that there has been a change in the circumstances since the AVO was made.  If nothing has changed in the relationship between you and the PINOP since the making of the order, it may be difficult to prove that there has been a change of circumstances.

It is not easy to get an AVO revoked or varied and therefore it is important that you get good, solid advice about how to do so.  Let our knowledge be your edge.  Contact us now.


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