16 Oct Appealing an intervention order
Can a family violence intervention order be appealed?
If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within 30 days of the Intervention Order or dismissal of case being made.
You can appeal the following:
- the making of an intervention order;
- the conditions of an intervention order;
- the court’s refusal to make an intervention order; or
- the court’s refusal to impose certain conditions in an intervention order.
What if an intervention order was made against me?
Either party can appeal the intervention Order.
The appeal would be heard in the County Court of Victoria.
Extending, varying or revoking an intervention order
The court may make an order to:
- extend the duration of an intervention order
- vary the conditions of an intervention order
- revoke (cancel) an intervention order.
An application to extend, vary or revoke an intervention order may be made by any party to a family violence intervention order proceeding. You must serve the relevant parties.
If you are seeking to vary or revoke an intervention order, you must seek leave from the Court to lodge your application. You would need a legal reason to do so.
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