Intervention Order Agreement - Change or Revoke?

[Kay Day]

Can an intervention order agreement (restraining order) be changed or revoked?

 

[Worldly1]

Hi Kay,
Which State are you based in? For example, in Victoria, you can go back to court and ask the Magistrate to ‘vary’ (change) the conditions of the intervention order before it expires if:

• the conditions of the order are difficult to live with/manage; or
• there has been a significant change in circumstances since the order was made.

 

[Kay Day]

Hi Kay,
Which State are you based in? For example, in Victoria, you can go back to court and ask the Magistrate to ‘vary’ (change) the conditions of the intervention order before it expires if:

• the conditions of the order are difficult to live with/manage; or
• there has been a significant change in circumstances since the order was made.

Thanks

 

[Kay Day]

Thank you.

 

[Kay Day]

What if the agreement was made in the family court as a part of the final orders? Thanks

 

[Kay Day]

I'm in victoria.

 

[Worldly1]

Hi again Kay,
Are you able to give us some more information about the orders and what they say?

 

[Worldly1]

In the meantime, I think I might be on the right track here that you apply to the Magistrates Court instead of the Family Court. The Magistrates Court Victoria site suggests that it has jurisdiction over "extending, varying or revoking an intervention order":

The court may make an order to:

1. extend the duration of an intervention order (this application must be made before the original intervention order expires),
2. vary the conditions of an intervention order, or
3. revoke (cancel) an intervention order.

An application to extend, vary or revoke an intervention order may be made by any party to a family violence intervention order proceeding. All parties to the original application must be served with a copy of the application (including Victoria Police if the original application was made by a police officer).

If a respondent seeks to vary or revoke a family violence intervention order, they must first be given permission by the Court to lodge these types of applications. A Court would grant permission only if it is satisfied there has been a change in circumstances since the family violence intervention order was made and the change may justify a variation or revocation of the order.

Here is a link to the Court Form that would need to be completed - "Application to Extend, Vary or Revoke a Family Violence Intervention Order FVIO4".