Understanding the Application to Revoke a Family Violence Intervention Order in Victoria
If you are a protected person, an applicant, or a family member affected by a family violence intervention order (FVIO) in Victoria, you may wish to apply to revoke (remove) the order. This process is formalized through a specific court form issued by the Magistrates' Court of Victoria. This article explains the purpose of this application, who should fill it out, how to complete it, and important considerations to keep in mind.
What Is the Purpose of This Form?
The Application to Revoke a Family Violence Intervention Order is a legal document that allows a person who is protected by an FVIO, or who has an interest in the case, to formally request the court to cancel the existing intervention order. The order might have been initially issued to protect a person from violence or threats, but circumstances can change, making the order no longer necessary or appropriate.
Once submitted, the court reviews the application and may decide to revoke the order if it is satisfied that the circumstances have changed sufficiently. If Victoria Police applied for the original FVIO, they will be notified of the revocation request, ensuring all relevant parties are informed.
Who Should Fill Out This Application?
This form is intended for:
- Protected persons who wish to have the FVIO revoked.
- Applicants who originally applied for the FVIO and now seek to cancel it.
- Family members or other affected persons who are not named in the order but have a legal interest or relevant connection, and who wish to request its revocation.
If you are the respondent (the person whom the FVIO was against), you need to complete a different form, specifically the Respondent Application for Leave to Apply under s.109 FVPA.
How to Complete the Form
Section 1: Details of the Original Intervention Order
You will need to specify which court issued the original FVIO, including the case number, the date the order was made, and its expiry date. This information is usually found on the order document itself.
Section 2: Your Personal Details
Provide your full legal name, date of birth, contact details (email and phone number), and your address. If safety concerns exist, you can choose to keep your address private or provide an alternative address, such as a trusted person's address.
Section 3: Your Role and Capacity
Indicate whether you are the applicant, protected person, or another relevant party. If you are not named in the order, specify your relationship or capacity to the case.
Section 4: Reasons for Revocation
Explain why you believe the FVIO should be revoked. Include any relevant changes in circumstances, safety considerations, or other factors that support your request. Be clear and factual, as this information will influence the court’s decision.
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Additional Considerations and Important Notes
- Safety First: If you have safety concerns, discuss these with the court or seek advice before submitting your application. You can also request that your address remain confidential.
- Supporting Documents: While the form itself does not require attachments, you should be prepared to provide evidence or reasons supporting your request during the court hearing.
- Legal Advice: If unsure about how to complete the form or the implications of revoking an FVIO, consider consulting a legal professional or a community legal center.
- Submission Process: The completed form can be lodged with the Magistrates' Court of Victoria, either in person, by mail, or through an online court portal if available. Ensure all sections are accurately filled out to avoid delays.
Declaration and Final Steps
At the end of the form, you will need to sign a declaration affirming that the information provided is true and correct to the best of your knowledge. Making false statements can lead to penalties, including fines or imprisonment.
After submitting your application, the court will review your case and notify you of the next steps, which may include a hearing. It is important to attend any scheduled hearings and be prepared to explain your reasons for seeking revocation.
Summary
Applying to revoke a family violence intervention order is a formal legal process designed to protect the rights of individuals involved in family violence cases. Understanding how to properly complete the application form, provide accurate information, and consider safety and legal advice can help ensure your request is processed smoothly and fairly.