A common situation faced by lawyers, Police and the Courts is
when a defendant or complainant asks how to get an AVO dropped.
Often the defendant and protected person will have resolved the
situation. Or the anger and acrimony between them has subsided.
Many people think that it is as simple as the complainant saying
they no longer want the AVO and the proceedings are dismissed.
However, the law doesn't work that way.
Interim ADVOs
When police initially apply for an AVO, they will usually impose
a provisional AVO. This means that the conditions of the order
become enforceable as soon as it is served on you.
Under Section 34 of the Crimes (Domestic and
Personal) Violence Act 2007, this provisional order will
become an interim order after the first court date. Again, the
conditions of an interim AVO will remain enforceable while the case
is ongoing.
