What is a Family Violence Intervention Order?
A family violence intervention order is an order to protect individuals who have experienced family violence. These orders are made under the Family Violence Protection Act 2008 (Vic).
Circumstances since the original order was made may have changed. In such cases, applying to revoke an intervention order (‘IVO’) may be necessary or appropriate
How to Revoke a Family Violence Intervention Order
To revoke an IVO, an application must be made to the Magistrates’ Court that issued the order.
It may be appropriate to apply to revoke an IVO if:
- The initial circumstances that led to the issuing of the IVO have substantially changed
- There is no longer a risk of harm
- The order is no longer needed
The Process to Revoke
Step 1: File an application form
The applicant must complete and file a Revocation of Family Violence Intervention Order Application at the Magistrates’ Court where the original order was made.
The court will then list a date for hearing and provide the parties with a Notice of Hearing which outlines important details such as the date and location of the Application to Revoke hearing.
Step 2: Court hearing
At the hearing, the court will consider whether the IVO should be revoked.
The court will consider:
- The applicant’s reasons for seeking the revocation;
- The safety of the protected person;
- The protected person’s views about the revocation;
- Whether or not the protected person is legally represented;
- If the protected person has a guardian, the guardian’s views.
Step 3: Court’s decision
The court will decide whether to revoke the IVO or keep it in place based on the circumstances outlined above. The court’s main consideration is the safety of the protected person and whether there is a risk of family violence.
Legal Advice
At Jay & Co, we specialise in intervention order matters. If you are seeking to revoke an Intervention Order or are the respondent to one, seeking legal advice is critical. Contact us today for a consultation and let us achieve the best possible outcome for your case.
