Notice for Leave to Withdraw Family Violence Intervention Order

Understanding the Application for Leave to Withdraw a Family Violence Intervention Order in Victoria

The Notice - Application for Leave to Withdraw an Application (Form FVIO9) is an official document used within the Family Violence Protection framework in Victoria, Australia. It is designed for individuals who have previously applied for a Family Violence Intervention Order (FVIO) and now wish to withdraw their application. This form is governed by the Magistrates' Court (Family Violence Protection) Rules 2018, Order 4.08.

Purpose and Who Uses This Form

This form is specifically intended for applicants seeking to obtain the Court's permission (leave) to withdraw their application for an FVIO. It can be used by either a non-police applicant or a police applicant acting on behalf of an affected family member. The respondent, or the person against whom the application is made, is also notified of this withdrawal request through this process.

It is important to understand that submitting this form does not automatically withdraw the application. The Court must review and grant permission for the withdrawal to be effective. Until the Court grants leave, any interim family violence intervention order in place remains active, providing ongoing protection.

When and How to Use the Form

Filling Out the Form

The applicant must complete the FVIO9 form accurately, providing details such as:

• Case number of the application
• Full name of the applicant and respondent
• Reason(s) for wishing to withdraw the application
• Signature and date of the applicant

It is crucial to clearly state the reasons for withdrawal, as this may influence the Court's decision. The applicant must also acknowledge understanding that the Court’s permission is necessary for withdrawal and that the respondent will be notified of the application to withdraw.

Submitting the Form and Hearing Details

The completed FVIO9 form must be submitted to the Magistrates' Court where the original application was filed. The Court will schedule a hearing to consider whether to grant leave for the withdrawal. Details of the hearing, including date and time, are specified on the notice.

It is recommended that the applicant attend the hearing, as this allows the magistrate to hear their reasons directly. The Court may also advise the respondent or affected family member to attend, especially if they wish to oppose the withdrawal or raise concerns.

Points of Attention and Practical Advice

Legal and Support Considerations

Before applying to withdraw an FVIO, it is advisable for applicants to seek legal advice. Various legal aid services and community legal centres offer free or low-cost assistance, including Victoria Legal Aid, the Community Legal Centre, and specialized services for Aboriginal Australians, refugees, seniors, and youth.

Applicants should consider the impact of withdrawal, especially if an interim order is currently in place. Once the Court grants leave, the intervention order will cease to have effect, which might leave the applicant unprotected from further violence or harassment.

Additional Support

If you are involved in a family violence case and require emotional or non-legal support, you can request to speak with a family violence practitioner at your local Court. They can provide guidance and help you understand the process better.

Summary

The FVIO9 form is a formal legal document used to request the Court’s permission to withdraw a Family Violence Intervention Order application. It is an essential part of the legal process, ensuring that all parties are informed and that the Court’s decision is transparent. Proper completion, timely submission, and attending the hearing are key steps to ensure your application to withdraw is considered fairly and efficiently.