Revoke Intervention Order: All Your Questions Answered

how to revoke an intervention order | Melbourne Family Lawyers

Intervention orders are legal mandates designed to protect individuals from harmful behaviour such as stalking, harassment, or domestic violence.

Understanding when and how to revoke an intervention order is crucial for individuals seeking to regain their freedoms. This article outlines the guidelines and procedures involved in the process of removing an intervention order, offering insights into the necessary steps and considerations.

When to Consider Revoking an Intervention Order

The process of removing an intervention order requires a clear understanding of when it’s appropriate to pursue such action. Here is the information you need to take control of your situation, regain your freedom, and start moving forward with your life.

Burdensome Conditions

If the conditions of the intervention order are too difficult to comply with, this could be a reason to consider its removal.

For example, if the order restricts you from entering a particular area where you work, it may be regarded as burdensome.

Change in Circumstances

Another reason could be a significant change in circumstances. For instance, if the protected person has moved away or if you have completed an anger management program, these could be considered significant changes.

🔑 Key Takeaway: The decision to remove an intervention order should not be taken lightly. Assess your situation carefully before proceeding.

Who Can Apply to Revoke an Intervention Order

When you know who can apply, it helps you understand if you can cancel the order. Here is the list of individuals who can apply to revoke an intervention order:

  • 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 to Remove Intervention Order

By following these steps, people can understand how to remove an intervention order, deal with its complexities, and take action to regain control over their lives with confidence.

Step 1: File an Application for Leave

The first step in removing an intervention order is to file an “Application for Leave” with the Magistrates’ Court.

This application must be supported by an affidavit that verifies the information you’re providing.

The affidavit should include details about why you believe the order should be removed or altered.

Step 2: Attend a Hearing

Once the application is filed, a hearing date will be set. During this hearing, a judicial officer will review your case, including any evidence or arguments you present.

Being well-prepared for this hearing is crucial, as the officer’s decision will be based on the information provided.

Step 3: Serve the Application

If the court grants your application for leave, the next step is to serve a copy of this application to the opposing party.

If the police were the ones who initiated the intervention order, they would be the ones to receive the application.

🔑 Key Takeaway: The legal process for removing an intervention order is multi-step and requires meticulous preparation. Legal advice is often necessary to navigate this complex procedure.

Why Appeal an Intervention Order

By delving into these motivations, readers individuals can gain a deeper understanding of their options and the potential benefits of pursuing an appeal.

  • Non-Attendance at Initial Hearing: One common reason for appealing an intervention order is if you were not present at the initial hearing. This could be due to a lack of notification or other unavoidable circumstances.
  • Disagreement with the Court’s Decision: If you believe that the court’s decision was unjust or based on incorrect information, this is another valid reason for appeal. However, you must present clear and compelling evidence to support your case.

How to Change an Order

Whether you need to adjust details or address new circumstances, understanding the process empowers you to navigate legal changes with confidence.

  • Contact the Court Registrar: If you wish to change the conditions of the intervention order, the first step is to contact the court registrar. They will assist you in filling out the necessary forms and organise for the other party to be notified.
  • Attend a Subsequent Hearing: After filing the paperwork, you must attend another hearing where a magistrate will review your requested changes. It’s advisable to have all your supporting documents and arguments ready for this hearing.

Changing an intervention order involves both administrative and legal steps. Be prepared for multiple visits to the court and ensure you have all your paperwork in order.

Also read: How To Beat an Intervention Order in Victoria

How We Can Help

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.

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.

2 thoughts on “Revoke Intervention Order: All Your Questions Answered”

  1. Hi I have just served 1 year and 3 months jail for breaching an ivo .I only pled guilty as my representation at the time where misleading and told me to do so .I have never been violent or abusive in my relationship my ex partner of 19 years came to court to give evidence that the charges are definitely not my partner begged to have the order removed and signed 2 non complaint forms as well had gone to court to have the order varied but didn’t have any luck .my partner and I still love eachother and want to be together but tge police have pushed the order the end result was made that i cannot contact my partner for 5 years .my partner has contacted a mutual friend and wants me to come home but i cant as that would be breaching my order.i am a good person and had this order applied by falsified information provided by vic pol .I need help i want to be with mu partner she is not coping without me financially and moreso mentally .i love her with all my heart and she loves me just as much i want to go home but dont want to end up back in prison for breaching the order can u help please i havent got any money as yet to pay upfront but im recieving money after September so could pay when that eventuates pls help

    1. You should consult with an experienced criminal defense lawyer to explore options for appealing or modifying the intervention order. It is very important that you do not violate the order by contacting your partner directly, as that could result in further criminal charges despite her wishes.

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