Guide to Extending or Varying Family Violence Orders in Victoria

Understanding the Application to Extend or Vary a Family Violence Intervention Order in Victoria

If you are a protected person or the applicant involved in a family violence intervention order in Victoria, you may need to apply to extend or change the existing court order. This process is managed through a specific form provided by the Magistrates' Court of Victoria. This article explains the purpose of this form, how to prepare your application, and the steps involved in submitting it.

Purpose of the Form

The primary aim of the application form is to enable individuals involved in a family violence intervention order to request modifications to the original order. This could include:

• Extending the duration of the order beyond its current expiry date.
• Varying the terms of the order, such as changing conditions or adding new restrictions.

This process is crucial for ensuring ongoing protection and adapting the order to changing circumstances.

Who Can Use This Form?

This form is designed for:

• Individuals who are named as protected persons in the original intervention order.
• Applicants seeking to extend or vary the order with the court's permission.

If you are the respondent (the person against whom the order was made), a different process applies, and you should complete the Respondent application form for leave to vary or revoke the order.

Additionally, if you are not directly named in the order but have a relevant relationship or interest, you may need to specify your capacity for making the application.

Preparing Your Application

Gather Essential Details

Before filling out the form, ensure you have the following information ready:

• Details of the original intervention order, including the case number, the court that issued it, and its expiry date.
• Your personal information: full legal name, date of birth, contact details, and address.
• Information about the respondent: name, contact details, and current address if known.
• Details about any additional protected persons or children involved.
• Relevant history or changes since the original order, such as new incidents or safety concerns.

Addressing Safety and Confidentiality

If safety is a concern, you can choose to keep your address confidential from the respondent. You should also indicate how the court can contact you safely, such as by phone or email, and specify if it is safe to leave voicemail messages.

Filling Out the Application Form

The form requires you to specify whether you are applying to extend, vary, or do both. You will need to provide details about the original intervention order, including the date it was made and its expiry date. Additionally, you will answer questions about the respondent's behaviour since the order was issued, including any incidents of harm or threats.

Other sections of the form ask about:

• Whether you wish to add other individuals to the order.
• Any applications or orders related to children, such as family law or child protection orders.
• Preferences for attending court, whether in person or online.

Submitting Your Application

Applications can typically be lodged in person at the Magistrates' Court or through an online platform if available. It is important to ensure all sections are completed accurately and truthfully to facilitate the court's review process.

Follow-Up and Court Process

Once submitted, the court will review your application and may arrange a hearing to consider the proposed changes. You will be notified of the hearing date and any further steps required. During the process, you can seek support from family violence services or legal advisors to assist with your case and ensure your safety.

Important Considerations

Applying to extend or vary a family violence intervention order is a sensitive process. It is essential to provide clear, truthful information and to consider your safety throughout. The court prioritizes the protection of individuals involved and may impose conditions or restrictions to ensure ongoing safety.

If you need assistance with the application or have concerns about your safety, contact the relevant court or support services specializing in family violence cases. They can provide guidance on completing the form and navigating the legal process effectively.