The court can dismiss an AVO if the protected person doesn’t attend the court hearing date. Generally the court will set the matter for a final hearing and give police every opportunity to file their evidence before that date. The court may dismiss an AVO if police fail to comply with the court orders to serve their evidence on time. Police may charge a person with making a false statement if the protected person files a statement themselves. If the content of the protected person’s retraction statement will be different to what they told police initially, it is crucial that AVO lawyers draft the statement in a way that will prevent any repercussions. You can view some recent cases where this has been successful by clicking here. An accredited specialist criminal lawyer will be able to use their experience in dealing with police to maximise the chances of dismissing the case early on. Often both the protected person and defendant want this outcome.
Police will generally take 6 weeks determine whether to withdraw the AVO or not.The Defendant’s lawyer must draft and file ‘representations’ with Police for the withdrawal of the AVO.This independent lawyer can prepare a letter or statement on behalf of the protected person asking for the AVO to be dropped.It also cannot be someone from the same firm as the defendant‘s lawyer The protected person obtains independent legal advice.Many people think that it is as simple as the complainant saying they no longer want the AVO and the proceedings are dismissed.
Or the anger and acrimony between them has subsided. Often the defendant and protected person will have resolved the situation.
#Avo power suite how to#
A common situation faced by lawyers, Police and the Courts is when a defendant or complainant asks how to get an AVO dropped.
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