How to Vary or Revoke a Family Violence Intervention Order in Victoria

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

If you are the respondent to a family violence intervention order in Victoria and wish to change or cancel the order, you will need to complete the official Respondent Application to Vary or Revoke a Family Violence Intervention Order form. This legal document is essential for requesting modifications or the removal of an existing court order related to family violence protection.

Purpose of the Form

This form serves as the official application process for respondents seeking either to vary (change) or revoke (remove) a family violence intervention order. It is designed to ensure that the court has all necessary information to consider your request. The form must be submitted with the appropriate leave (permission) granted by the court, which involves completing a separate leave application form prior to this process.

Who Should Complete This Form?

The form is specifically for respondents—individuals against whom the intervention order has been made. If you are the person named in the order and wish to make changes or have it revoked, you are the intended applicant. It is important to note that you need to have obtained leave from the court before submitting this application, which means prior permission is required to proceed.

How to Fill Out the Application

Step 1: Indicate Your Intent

• Check whether you are applying to revoke or vary the order.
• Answer whether leave has been granted for your application.

Step 2: Provide Details of the Original Order

• Name of the court that issued the order.
• Case number, usually found in the top right corner of the order document.
• Date when the order was made and its expiry date.

Step 3: Personal Information

• Full legal name, date of birth, and contact details.
• Indicate if you need an interpreter and specify the language.
• Provide your current address and decide whether to keep it private from the affected family member.

Step 4: Case Details

• Identify whether the original application was made by police or another party.
• Provide the name and date of birth of the affected family member.
• List any additional protected persons involved, including children.

Step 5: Specify Your Request

Depending on whether you want to revoke or vary the order, complete the relevant sections:

For Revocation

• State that you wish to remove the intervention order.
• Explain why you want the order revoked, including any relevant changes since it was issued.

For Variation

• Describe the specific conditions or persons you want to change.
• Provide reasons for requesting the variation and any developments since the order was made.

Declaration of Truth

At the end of the form, you must sign a declaration affirming that the information provided is true and correct to the best of your knowledge. Making false statements in this declaration can result in serious legal penalties, including fines or imprisonment.

Submitting the Application

Once completed, the form must be lodged with the Magistrates' Court that issued the original intervention order. It is advisable to keep a copy for your records. If you have concerns about your safety or privacy, discuss these with the court or seek legal advice before submitting your application.

Important Considerations

• Ensure that you have obtained the necessary leave from the court before submitting this application.
• Provide accurate and detailed reasons for your request to facilitate a fair review by the court.
• Be aware that the court may notify the police if the application involves revoking an order they originally applied for.

For further assistance, consider consulting legal professionals or contacting the court directly to clarify any uncertainties regarding the process or required documentation.