New South Wales Consolidated Acts
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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 73
Variation or revocation of final apprehended violence orders and interim court orders
(1) The court may, if satisfied that in all the circumstances it is proper to
do so, vary or revoke a final apprehended violence order or
interim court order.
(2) In particular, a final apprehended violence order or
interim court order may be varied under this section in any one or more of the
(a) by extending or reducing the period during which the
order is to remain in force,
(b) by amending or deleting any prohibitions or
restrictions specified in the order,
(c) by specifying additional
prohibitions or restrictions in the order.
(3) The court may decline to hear
an application in respect of an order if the court is satisfied that there has
been no change in the circumstances on which the making of the order was based
and that the application is in the nature of an appeal against the order.
A final apprehended violence order or interim court order is not to be varied
or revoked on the application of the defendant unless notice of the
application has been served on each protected person to whom the order
(5) A final apprehended violence order or interim court order is not
to be varied or revoked on the application of the applicant for the original
order or protected person unless notice of the application has been served on
(6) Notice of an application must be served personally or in
such other manner as the court hearing the application directs.
subsection (5), the court may make an order extending the period during which
the final apprehended violence order or interim court order is to remain in
force without notice of the relevant application having been served on the
defendant, if the applicant lodged the application before the day on which the
apprehended violence order or interim court order is due to expire.
(8) If an
application for the extension of a final apprehended violence order or
interim court order is made before the order expires, the order is taken to
continue in force until the application is dealt with by the court.
Unless sooner revoked, an order extended under subsection (7) ceases to have
effect 21 days after the order extending it is made or on an earlier date
specified in the order extending it. However, further orders may be made from
time to time under that subsection before the extended order ceases to have
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