Revoking an order
Revocation is an application asking the court to end an apprehended violence order altogether, rather than to change what it says. The Crimes (Domestic and Personal Violence) Act 2007 (NSW) provides for orders to be varied or revoked on application.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
You want the order ended, not adjusted
People apply to revoke for different reasons. Circumstances have genuinely changed and the order no longer reflects them. The order was made by consent at a time when nobody explained what it would mean, and it is now costing a licence or a livelihood. The parties have separated completely and moved on, and the order is the last thing connecting them.
The strength of an application depends on what has changed since the order was made, and on how that change is demonstrated. Set out what has changed rather than how long it has been: completed counselling or a behaviour change programme, a stable new address, an absence of any contravention, and why the protection is no longer needed.
If you are the protected person and you want the order ended, an application can be made. Legal Aid NSW sets out how a protected person applies to vary or revoke an order, and the court decides whether to do so. What nobody can do is treat an order as ended before a court says so.
Where revocation is unlikely but a particular condition is the real problem, a variation is the application that addresses that condition. We will say which we think fits, and why, before anything is filed. See variations.
What the work actually is
An honest view of the prospects
Whether an application to revoke is realistic on your facts, or whether a variation or simply waiting for expiry serves you better. An application that fails leaves the order in place and puts it in front of a court that may extend it.
Building the material that matters
What has changed, evidenced. Completion of a programme, stable housing, employment, distance in time, the absence of any contravention or further allegation, and anything independent that supports it.
Dealing with the other party properly
The protected person will be notified. Where they support the application, their position is put before the court in a proper form. Where they do not, the application is prepared knowing that it will be opposed. Either way, nobody approaches them directly in breach of a condition.
Where police applied
Police have a role in an application to vary or revoke an apprehended domestic violence order. Their position is anticipated and addressed rather than discovered on the day.
Getting the licence and work consequences right
Where a firearms licence, a working with children check or an occupational registration is behind the application, we identify what revocation would and would not fix. Revoking an order does not automatically undo everything that followed from it.
Appearing, and explaining the result
Making and arguing the application, and afterwards telling you precisely what the position is: whether anything still binds you, and what happens to the records that exist.
Questions people ask first
The protected person wants the order gone. Is that enough?
No, though it matters. An order is made by a court and only a court can revoke it. The protected person can support the application and be heard on it, but their agreement does not end the order and neither of you can act as though it has. Until the court revokes it, every condition applies.
How long do I have to wait before applying?
What matters is whether there is a real change to put before the court. An application with nothing to point to still puts the order back before a court.
Will revoking the order get my firearms licence back?
Not automatically. Under the Firearms Act 1996 (NSW) a final apprehended violence order revokes a licence, and getting a licence afterwards is a matter for the licensing scheme and the Commissioner of Police rather than a consequence of the order ending. Ask about the licensing path separately.
Does revocation erase the order from my history?
Revocation ends the order’s operation from the date the court revokes it. It does not mean the order was never made. Records of court proceedings continue to exist, and how an order is treated by a licensing body or a check is a separate question from whether the order is still in force.
Can police oppose my application?
Yes, and where police applied for the original apprehended domestic violence order they have a role in an application to vary or revoke it. An application prepared on the assumption that nobody will oppose it is an application prepared badly.
What if the order is close to expiring anyway?
Then think carefully before applying. An application asks a court to look at the order, and a court looking at an order can extend it. Where expiry is close and the conditions are bearable, that is a reason to weigh waiting against applying. Where a condition is doing real damage now, the balance may be different.
I am the protected person and I want it revoked. Can I apply?
Yes, an application can be made to the court, and Legal Aid NSW sets out how a protected person does that. The court decides whether to vary or revoke the order. What you should not do is treat the order as over before the court has dealt with the application.
What to bring
A revocation application is about what has changed. Bring the documents that show the change, not only a statement describing it.
- Every page of the order, including the date it was made and the date it expires.
- Whether the order was made by consent, after a hearing, or in your absence.
- What has changed since it was made, with dates.
- Evidence of that change: a completed programme, counselling records, a tenancy agreement, employment records.
- Any contravention charge since the order was made, and how it was dealt with.
- Any family law order or parenting arrangement involving the same people.
- Anything the protected person or police have said about ending the order, in writing where possible.
- The licence, registration or check that the order is affecting, if that is why you are applying.