Revocation of Apprehended Violence Order
The individual is seeking to revoke an Apprehended Violence Order (AVO) in New South Wales, claiming it was based on false statements made by a family member. They believe these statements have negatively impacted their reputation and career, although direct evidence related to the case is lacking, except for recordings of other misleading claims. There have been two mention hearings regarding their attempts to revoke the AVO. The individual has a clean police record and a background in public service, while the opposing party has a history of fines and arrests.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal procedures for revoking an AVO in New South Wales if the protected person does not consent?
In New South Wales, to revoke an Apprehended Violence Order (AVO) without the protected person's consent, you must apply to the court demonstrating a significant change in circumstances since the order was issued, or that it is no longer necessary for the protection of the individual. The court will review the original reasons for the AVO, any evidence of false statements, and the ongoing risk to the protected individual. You can file a "Notice of Motion" with a supporting affidavit outlining your rationale and evidence. The court will then set a hearing for consideration.
What evidence or documentation would strengthen my case for revoking an AVO based on false statements?
To strengthen your case, gather credible evidence such as detailed documentation of discrepancies in the statements made against you, affidavits from witnesses attesting to your character, and any recordings or communications that contradict the allegations. Evidence of your clean record and professional background can support your credibility. Additionally, expert testimony may be useful in questioning the reliability of the opposing party's claims.
How can I prove that the statements made against me are false, and what impact does this have on the revocation process?
To prove the statements are false, gather any available evidence that disputes the allegations, such as recordings of previous false statements by the protected person. Submitting affidavits or testimony demonstrating inconsistencies in their claims can also aid your case. Demonstrating the lack of credibility may compel the court to question the validity of the AVO.
What are the potential consequences if the court does not agree to revoke the AVO?
If the court denies the revocation application, the AVO will remain active, which could affect both your personal and professional life. It may appear on your record, potentially hindering employment opportunities, especially in fields requiring a clean background. Furthermore, any accidental breaches could lead to serious legal repercussions.
Are there any alternative legal remedies if the AVO cannot be revoked due to lack of consent from the protected person?
If the AVO cannot be revoked, consider seeking a variation to the order to make the terms less restrictive. You could also apply for a court hearing to present evidence that challenges the AVO’s foundation. Mediation or negotiation with the opposing party may be viable, and exploring claims for defamation or false accusations could address any damage to your reputation.
What if my request for an adjournment was dismissed without my knowledge due to my illness?
If you missed your court hearing because of illness and your adjournment request was dismissed without your knowledge, you may have grounds for a rehearing or appeal. In New South Wales, you can apply for an annulment of the order if you have a legitimate reason for your absence. Promptly provide medical documentation and any correspondence regarding your adjournment request.
