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How do I revoke an intervention order in Victoria?

An intervention order (IVO) is a legal order that prohibits a person from certain behaviours towards another person. It is designed to protect a person from physical, emotional, or psychological harm, harassment, or intimidation. 

A person might apply for an IVO if they feel that they are at risk of harm or harassment from another person. This could be because they have experienced past instances of abuse, threats, or intimidation, or because they are concerned about future behaviour from the other person. An IVO can provide legal protection and can prohibit the other person from having contact with the person who has applied for the order or from engaging in certain behaviours towards them. It can also provide a sense of security and peace of mind for the person who has applied for the order.

Applying for an intervention order

Deciding whether to apply for an intervention order is a significant decision that requires careful consideration. While the police typically seek intervention orders on behalf of alleged victims of criminal offences like assault, a person can also apply for an IVO when they are the victim of an offence, multiple offences, or ongoing problematic behaviours prohibited under the Family Violence Protection Act (2008) or the Personal Safety Intervention Order Act (2010).

Before seeking an intervention order against someone, several factors need to be considered, such as whether the matter should be reported to the police, whether the police have not taken the matter seriously, whether there is a lawful basis to apply for the order, and whether an IVO is the most effective solution.

It's essential to have an experienced IVO lawyer to answer these questions and any others you may have to ensure that you are making an informed decision. This includes understanding your chances of success and whether an IVO will help you achieve your objectives. With our experienced IVO lawyers at your side, we can guide you through the process and ensure that you are taking the best possible course of action.

Revoking an intervention order

If you’ve changed your mind, or your situation has changed, you may decide to revoke an IVO. To revoke an IVO in Victoria, you can make an application to the Magistrates' Court. The application can be made by the affected family member, the person who applied for the order, or their respective lawyers.

To make the application, you need to fill out a form known as a 'Revocation of Family Violence Intervention Order Application.' You can obtain this form from the Magistrates' Court or download it from their website. The form requires you to provide information such as the details of the intervention order and the reasons why you believe the order should be revoked.

Once you have completed the form, you must file it with the Magistrates' Court where the original intervention order was made. The court will then set a date for a hearing to determine whether to revoke the order or not. At the hearing, you will be required to provide evidence supporting your application to revoke the order.

It's important to note that the court will only revoke the IVO if it is satisfied that there is no longer a risk of family violence. If the court decides to revoke the order, the revocation will take effect immediately.

Defending yourself against an intervention order

If you find yourself as the subject of an intervention order application, it's crucial to understand your available options and consider them carefully, particularly if there's a possibility of being charged with an offence as a result of the allegations that led to the IVO application. It's also essential to consider the potential impact of giving evidence in an IVO court hearing on any ongoing criminal investigation and/or prosecution against you.

It's important to note that IVOs are not criminal charges, but breaches of an IVO can result in criminal charges. An IVO can have serious consequences for the person against whom the order is made, including the loss of certain rights, such as the right to possess firearms, and restrictions on their ability to travel or engage in certain activities.

At Stary Norton Halphen, we have extensive experience in handling these types of situations and can assist you in defending yourself in a manner that maximises your chances of achieving the best possible outcome, whether you're facing an application for an IVO, criminal charges, or both. We'll work closely with you to devise an effective defence strategy that takes into account all relevant factors and enables you to protect your rights and interests.

How do I revoke an intervention order in Victoria?

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