How to Revoke an Intervention Order
If you find yourself in a situation where an intervention order no longer serves its intended purpose or circumstances have significantly changed, you might consider revoking it.
But how to revoke an intervention order? In Australia, particularly in Victoria and South Australia, revoking an intervention order involves several legal steps and considerations to ensure the safety and well-being of all parties involved.
Understanding the Grounds for Revocation
Before initiating the revocation process, it’s crucial to understand the grounds on which an intervention order can be revoked.
Typically, a revocation is warranted when there’s a substantial change in circumstances since the order was issued.
This could include reconciliation attempts, changes in living arrangements, or any other significant life events that alter the need for the order.
Who Can Apply?
- The applicant or protected person
- The respondent, with the court’s leave
- The police, in certain circumstances
- A guardian, if the protected person or respondent is under 18
How We Can Help: How to Revoke an Intervention Order
Recently, we had the privilege of assisting a mother seeking guidance on how to revoke an intervention order.
The client approached us with a sincere desire to alter the legal boundaries that were no longer reflective of her current familial circumstances.
Our first step was to conduct a thorough review of the intervention order in place, ensuring we grasped every detail.
We then advised the mother on the necessary legal criteria for revocation, which, in Australia, requires a demonstration of significant change in circumstances since the order’s issuance.
Our team prepared a comprehensive application, articulating the shifted dynamics and the mother’s rationale for the order’s revocation.
We represented the mother’s interests robustly, seeking the court’s leave for the application as mandated by law.
Our legal team facilitated the filing and serving of the application, ensuring all procedural requirements were met with precision.
During the court proceedings, we advocated for the mother’s position, focusing on the evolved relationship dynamics and the best interests of her family.
The court, acknowledging the changed circumstances and our persuasive representation, granted the revocation of the intervention order.
The Process for Revocation
Step 1: Application
The first step is to fill out an application form. This form is available at your local court or downloaded from the court’s website.
The application must be detailed, outlining the reasons for the revocation and how the change in circumstances affects the order’s relevance.
Step 2: Seeking Leave from the Court
If you are the respondent, you must seek the court’s leave before your application can be accepted.
This preliminary step is in place to prevent frivolous or vexatious attempts to revoke the order. You’ll need to demonstrate new facts or changes in your situation that justify the revocation.
Step 3: Serving the Application
Once the application is filed, it will be served on all parties involved, including the police, if they were the ones to apply for the original order.
Step 4: The Court Hearing
At the hearing, the magistrate will consider various factors, including the safety of the protected person(s), especially children, and the views of all parties.
The court retains the authority to refuse the application if it deems the revocation could compromise someone’s safety.
Important Considerations
- The safety of the protected person is paramount.
- The court will thoroughly assess the impact of the revocation on all parties.
- Consent between parties does not guarantee revocation; the court’s decision is final.
Revoking an intervention order is a serious legal step that should be considered carefully. If you’re contemplating this action, it’s advisable to seek legal counsel to navigate the process effectively and ensure that your rights and safety, as well as those of others, are upheld.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
