How to Remove an Intervention Order: Legal Steps to Remove an Intervention Order
Intervention orders are legal mandates designed to protect individuals from harmful behaviour such as stalking, harassment, or domestic violence.
However, there are instances where an intervention order may need to be removed or altered. This article aims to guide you through the process of removing an intervention order in Australia.
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.
Reasons for Appealing an Intervention Order
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.
🔑 Key Takeaway: Valid reasons for appeal are essential for the process. Make sure you have substantial grounds for your appeal.
When to Consider Removing an Intervention Order
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.
How to Change an Order
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.
🔑 Key Takeaway: 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.
Consult A Legal Professional: How to Remove an Intervention Order
Removing an intervention order is a complex process that requires a thorough understanding of the law and, potentially, the assistance of legal experts.
Always weigh your options carefully and consult a legal professional before taking any steps.
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.
