News · Criminal law explainer
Can an AVO be dropped or withdrawn in NSW?
A common question, from both protected people and defendants, is whether an AVO can simply be dropped. The answer depends on who applied for it. This note explains who controls an AVO, why a protected person usually cannot just withdraw a police AVO, and how an order can be withdrawn, varied, or revoked.
By Aaron Kernaghan · Published 3 September 2026
It depends on who applied. Most AVOs are applied for by police, and only police can withdraw a police AVO, not the person it protects. The protected person can tell police they do not want the order, and that is relevant, but police often continue, especially in domestic violence matters. A private AVO can be withdrawn by the applicant. An existing AVO can also be varied or revoked by the court.
Who controls an AVO?
Most AVOs in New South Wales are applied for by police, on behalf of the person in need of protection. Where police are the applicant, the order is theirs to pursue or withdraw, not the protected person's. The protected person is not in control of a police AVO.
A smaller number of AVOs are private applications, made by the protected person themselves. For a private AVO, the applicant has more control and can seek to withdraw it. So the first question is always who applied.
Can the protected person drop it?
Not directly, for a police AVO. The protected person cannot simply withdraw a police AVO. They can tell police that they do not want the order, and their wishes are relevant, but the decision belongs to police, who may continue the application if they consider it necessary for safety.
In domestic and family violence matters in particular, police often continue with an AVO even where the protected person says they do not want it, because the safety concern remains. This surprises people, but it reflects the protective purpose of the order.
How can a police AVO be withdrawn?
A police AVO can be withdrawn by police, if they decide it is no longer needed. The protected person, or the defendant, can make representations to police about why the order should not proceed, and police weigh those. But it is police who make the call.
So the path to having a police AVO withdrawn is to persuade police, usually through representations, not to simply ask the court to drop it. Whether that succeeds depends on the safety concerns and the circumstances.
Can an AVO be varied or revoked?
An existing AVO can be varied or revoked by the court on application. A variation changes the conditions, for example to add or remove a condition. A revocation ends the order. Either the protected person or the defendant can apply, and the court decides, considering safety and the circumstances.
So even a final AVO is not necessarily permanent. Where circumstances have changed, an application to vary or revoke can be made. Our note on AVOs generally explains how they are made and how long they last.
What should you do?
If you are a protected person who no longer wants an AVO, tell police and, if it is a private AVO, get advice about withdrawing it. If you are a defendant, get advice about representations to police, or about defending or negotiating the order, rather than assuming it will simply be dropped.
Either way, do not treat an AVO as something that can be ignored while it is in place. Breaching it is a criminal offence, regardless of what the protected person wants. Comply with it until it is formally withdrawn, varied, or revoked.
Frequently asked.
Can a protected person drop an AVO in NSW?
Not directly for a police AVO. The protected person cannot simply withdraw a police AVO. They can tell police they do not want it, and that is relevant, but police may continue, especially in domestic violence matters.
Who can withdraw an AVO?
For a police AVO, only police can withdraw it. For a private AVO, the applicant, the protected person, can seek to withdraw it. The court can also vary or revoke an existing order on application.
Why do police continue an AVO the victim does not want?
Because police apply the order to protect a person, and the safety concern may remain even if the protected person says they do not want it. This is common in domestic and family violence matters.
Can an AVO be varied or revoked?
Yes. An existing AVO can be varied to change its conditions, or revoked to end it, by the court on application by either the protected person or the defendant, considering safety and the circumstances.
What should I do if I want an AVO dropped?
Tell police if you are the protected person, and get advice about withdrawing a private AVO or making representations on a police AVO. Until it is formally withdrawn, varied, or revoked, comply with it, because breaching it is an offence.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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