A current intervention order requires an application to be made to the Magistrates’ Court to make any changes or to revoke it. If you have had an intervention order served upon you, you must apply to the court to vary or revoke the order. The court must give permission for this to occur, which means making a court appearance with your application form.
You will need to show that there has been a change in circumstances since the order was made and that the change justifies a variation or revocation of the order.
If you wish an intervention order to be extended, you must return to the court that made the order in the first place, which will assist you to make an application to have the order extended. All parties must be served with a copy of this application, so you should leave enough time for the orders to overlap prior to the first order expiring. If the order has already expired, you will need to make a new application.
Notifying the court if you no longer need an intervention order
If you no longer want the intervention order, you can apply to the court for revocation of the order, remembering the time it takes for this to occur, and that every party needs a copy of the application, including the police if they made the original application. The police will provide a report to the court outlining their views on the application.
Remember! If you no longer require an intervention order, but you do not cancel it, the person listed on the intervention order can be punished for breaching the order before an application for revocation has been made.
How do I change an intervention order from out of state?
You will need to provide the Melbourne Magistrates’ Court with:
- A certified copy of your interstate order
- A letter from the affected family member requesting the order be registered in Victoria
- The affected family member’s address in Victoria
Victoria Police will be notified of the registration and a notice sent to the original court.
Call Vanessa Ash for expert advice on intervention orders.