A Domestic Violence Order (DVO) is a legally binding order designed to protect individuals from domestic violence. However, circumstances can change, and a DVO may need to be varied (changed), extended, or revoked (cancelled) to better reflect the current situation of those involved.
If either the protected person (the person the order protects) or the respondent (the person the order is against) wishes to alter the terms of a DVO, they must apply to the court for a variation or revocation. These applications are taken seriously and must provide valid reasons for the requested change.
At Rawlings McShane Lawyers, we assist individuals in applying to vary or revoke a DVO, ensuring their application is well-prepared and backed by strong legal arguments. Whether you are seeking to modify an existing order or remove it altogether, our legal team is here to help.
A Domestic Violence Order can only be varied or revoked if there is a significant change in circumstances. The court may consider an application if:
- The protected person no longer requires the same level of protection.
- The respondent has demonstrated a behaviour change and is no longer a risk.
- The terms of the order are causing unnecessary hardship (e.g., work or parenting restrictions).
- A new agreement has been reached between both parties regarding contact or living arrangements.
- The protected person requests the order be revoked because they no longer feel at risk.
- A misunderstanding or incorrect information led to the initial order being issued.
It is important to provide strong supporting evidence when applying to vary or revoke a DVO, as the court prioritises safety in all decisions.
Legal Process for Amending a DVO
The process for varying or revoking a Domestic Violence Order involves several legal steps:
- Filing an Application – The applicant must complete and submit a formal request to the Magistrates Court.
- Providing Supporting Evidence – The application must outline why the change is necessary and include evidence.
- Court Review – The court will assess whether the application meets the legal criteria for variation or revocation.
- Hearing – A court hearing will be scheduled, where both parties may present their arguments.
- Court Decision: Based on the evidence presented, the magistrate will determine whether to vary, extend, or revoke the order.
The police and other relevant authorities may also be involved in reviewing the request, especially if there are concerns about ongoing risk.
A strong application to vary or revoke a DVO requires clear evidence that supports the request. Useful evidence may include:
- Witness statements from family, friends, or professionals who can confirm the changed circumstances.
- Counselling or rehabilitation reports show that the respondent has taken steps to address their behaviour.
- Parenting or cohabitation agreements demonstrate that both parties consent to changes in the order.
- Medical or psychological reports if health conditions affect compliance with the order.
- Employment or relocation documents showing that the current order is causing undue hardship.
Each case is unique, and the court will carefully consider all factors before making a decision.
Applying to vary or revoke a Domestic Violence Order is a complex legal process that requires careful preparation. At Rawlings McShane Lawyers, we provide expert legal guidance to ensure that applications are properly structured and supported by strong evidence.
We assist by:
- Advising on the legal requirements for varying or revoking a DVO.
- Preparing and filing the application to ensure it meets court standards.
- Gathering supporting evidence to strengthen the request.
- Representing clients in court hearings to present arguments effectively.
- Negotiating with the other party or police prosecutors where necessary.
If you need assistance with varying or revoking a Domestic Violence Order, contact Rawlings McShane Lawyers today for expert legal support.
How We Can Help
Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way. In building our strongest application for you to be granted bail, we will design and structure your submission so that:
- All relevant information is well presented and highlighted
- Your application is comprehensive, articulate, and evidence-based
- Legal issues are properly identified and argued
- Weaknesses in the prosecution’s case are identified and argued
- The right people and resources have been coordinated to present a strong release plan
- Where appropriate and/or required, supporting material such as letters of support, the availability of a surety, evidence of a medical condition, employment references, and the impact of a remand in custody are presented in affidavit form
