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Intervention Orders - Order in existence - FAQs
FAQS relating to an intervention order that has been granted, including changing the order, expiration of the order, revoking (cancelling) the order and registering an order in another State.
| Q: | Has my intervention order been served? |
| A: | To establish whether your intervention order has been served, you should check with the police closest to where the respondent lives or the Magistrates’ Court where you made the application. |
| Q: | How do I vary or revoke my intervention order? |
| A: | If you have a current Intervention Order, you should attend the Magistrates' Court where the Intervention Order was made, and ask the Registrar to provide you with an application form to vary or revoke the Order. If you are the respondent and you wish to vary or revoke an intervention order, you will first need the permission of the court to do so. This will require you to go before a Magistrate before the application to vary or revoke can be issued by the court. You will need to show there has been a change of circumstances since the order was made and that the change may justify a variation or revocation of the order |
| Q: | How can I extend a current intervention order that is due to expire? |
| A: | If you wish to have an Intervention Order continue prior to it expiring, you must attend the Magistrates' Court where you obtained the Order. The Registrar will assist you in making an application to the Court to extend the Order. You should remember that all parties need to be served with a copy of your application, so you should allow time to ensure that this is done prior to your Order expiring. If the order already has expired, you will need to lodge a new application before the court. |
| Q: | Do I have to notify the court that my de facto and I have reconciled and no longer need the intervention order? |
| A: | Where a party or parties no longer wish to have an Intervention Order, the applicant should attend the Magistrates' Court to apply for revocation of the Order. All parties will need to be served with a copy of the application including the police if they made the original application. The police will provide a report to the court outlining their attitude to the application. It should be noted that if an order is still in effect and the parties no longer require it, the respondent may face criminal charges which are punishable by a fine and/or a term of imprisonment should they breach the order before an application for revocation has been made |
| Q: | How do I register an order deom another State in Victoria? |
| A: | You need to provide the Registrar at the Melbourne Magistrates’ Court with the following:
Victoria Police are notified of the registration and a notice is sent to the applicant and the original court. |
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Contacts
Family Violence/Family Law Registry - Magistrates' Court
Contact the Magistrates' Court where your matter is listed or your nearest court. Contact details for all Victorian Magistrates' Courts are available under 'Court Locations'
Email: help@magistratescourt.vic.gov.au