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Can a DVO be dropped?
Are you wondering whether a Domestic Violence Order (DVO) can be dropped? Read on to understand the process for withdrawing or varying a DVO application, and how the process may differ when the police are involved in filing the order.
When can an applicant withdraw?
An applicant can withdraw the application for protection at any stage during the process, up until the court is about to announce its decision. However, it is usually better to do this before the Trial starts. Withdrawal of the entire matter usually only happens if the application is a private application.
Does it change if the police file the order?
Generally speaking, if the police are applying on behalf of the victim (the aggrieved) the application will not be withdrawn. The police take the opinion that the Court should hear all of the evidence before deciding what to do. The police take this position because they are employed to protect people, and taking the matter all the way to court ensures that the victim is properly protected.
However, the police have withdrawn applications when they have become aware of evidence showing that the victim is either manipulating the system or not actually in need of protection.
However, the police have withdrawn applications when they have become aware of evidence showing that the victim is either manipulating the system or not actually in need of protection.
Can a DVO be changed?
If the circumstances have changed, you can apply to vary a DVO. This process is known as an application to vary a protection order. Changes could include adding or removing conditions, altering the length of time the order is in effect, or including or excluding named individuals (such as children or other relatives). If the court agrees to the changes, a varied order will be issued. If the changes are not approved, the current order will remain in place. Any variation must still prioritise the safety, protection, and well-being of the aggrieved and any other people affected by the order.
Who can apply to change a DVO?
The aggrieved, respondent, a named person on the order (e.g. a relative or associate), or the applicant can all apply to make changes to the current DVO. The aggrieved can also authorise someone else to apply on their behalf.
If you are a named person on the order, you can only request changes related to how the order applies to you. For example, you may want the court to remove conditions that include you, or to stop the order from applying to you altogether.
If you need advice on withdrawing or varying a Domestic Violence Order or would like to speak with a DV Solicitor about your situation, call (07) 2113 4645 to schedule an initial consultation.
If you are a named person on the order, you can only request changes related to how the order applies to you. For example, you may want the court to remove conditions that include you, or to stop the order from applying to you altogether.
If you need advice on withdrawing or varying a Domestic Violence Order or would like to speak with a DV Solicitor about your situation, call (07) 2113 4645 to schedule an initial consultation.
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