After the Hearing

Changing Intervention Orders

Variations

An order can only be varied with the Court’s permission. If you want to remove from or add to an Intervention Order’s conditions, you must file with the Court an ‘application to vary’ your Intervention Order. Please contact the Court for information.

Once you have made your application, a Registrar will provide a hearing date. Your application will be served on all parties involved, including the police if they have taken out the order.

When your application goes before the Court, you must show there has been a change of circumstances, and that this justifies the variation you want.

Revoking

An order can only be revoked (cancelled) with the Court’s permission. If you no longer want or need an Intervention Order and would like to revoke it, you must file with the Court an ‘application to revoke’. Please contact the Court for information.

Once you have made your application, it will receive a hearing date. Your application will be served on all parties involved, including the police if they took out the order.

When your application goes before the Court, you must show there has been a change of circumstances, and that this justifies revoking the order.

Extensions

An order can only be extended with the Court’s permission. If your Intervention Order is about to expire and you want it to continue, you can apply to the Court to have it extended. Please contact the Court for information.

Once you have made your application, it will receive a hearing date. Your application will be served on all parties involved, including the police if they took out the order.

When your application goes before the Court, you must show why you need an extension of your Intervention Order.

Interstate Orders

If you have an Intervention Order from another state, it can be registered in the Magistrates’ Court of Victoria. To do this, provide the Registrar at the Melbourne Magistrates’ Court with:

•     a certified (stamped) copy of your interstate order;
•     a letter requesting the order be registered in Victoria; and
•     your Victorian address.

Once the Court has processed your request, the Registrar will notify Victoria Police of the registration. The notice will be sent to you and the interstate Court where the original order was made. It is then treated as a Final Order, and can be extended, varied or revoked by any Victorian Magistrates’ Court.

Respondents and Changes

If Respondents want to vary or revoke Intervention Orders, they must apply to the Court. Before their applications can proceed, they must ask the Court for ‘leave to make the application’. This means Respondents must explain the reasons why they want to make the application. The Magistrate will then either grant or refuse a Respondent leave to make an application.

Rehearing

Respondents can apply for a rehearing of the Intervention Order. The Court will only allow this if the Respondent establishes one of the following:

•     They were not personally served with an Intervention Order application.
•     If an order was served by a ‘substituted service order’, the Respondent was not told there was an application against them.
•     Exceptional circumstances, which the Court may consider make a rehearing fair and just.

NOTE: An application for rehearing does not change the Intervention Order. It remains in force until the Court makes another order.

Appeals

Any party to an Intervention Order can appeal the Magistrate’s decision. An appeal must be lodged at the Magistrates’ Court within 30 days of the Intervention Order being made. Appeals are heard in the County Court of Victoria.

Appeals can be in regard to:

•     the making of an Intervention Order;
•     conditions in an Intervention Order;
•     the refusal to make an Intervention Order; or
•     the refusal to impose certain conditions in an Intervention Order.

NOTE: Lodging an appeal against Intervention Orders does not automatically change the order. The order will remain in force until the appeal is heard and a decision made.