Changing an intervention order (FVIO)
If your circumstances have changed, you can apply to change the family violence intervention order. A magistrate will consider how these changes may impact all parties.
If you are an applicant, affected person or respondent to an intervention order, you can ask the court to change the order.
You may want to change the order if you:
- need more protection
- find the conditions in the order are unworkable or difficult to manage
- want to have more contact with the respondent.
A change in circumstances means that your personal life and situation has changed since the court made the order. This change may have affected the protection you need, or the conditions the order includes.
There are different types of changes you can ask the court to make. These include:
- Vary the intervention order. This is where you want the order to continue but you would like to change the conditions.
- Extend the intervention order. This is where you want to make the order and its conditions last longer. To extend an order, you should apply at least four weeks before the intervention order is due to expire.
- Revoke the intervention order. This is where you want to ask the court to cancel the order
You can apply to vary and extend an order in the same application.
If you are applying to vary an order, and there is less than four months remaining on your current order, you should consider extending the order.
A court officer can provide more information.
Vary, extend or revoke an intervention order
Applicant or affected family member
To vary, extend or revoke a family violence intervention order, you may either:
- apply to extend, vary or revoke (EVR) through the online portal. You can do this if you are an applicant or affected family member who is:
- a party to the proceeding
- affected family member over 18 years of age
- the parent/guardian of a child named on the family violence intervention order (FVIO)
- a person with the written consent of a parent of a child affected family member.
- Download and complete the application form(s) and provide the completed form(s) to your nearest court via email or post:
- Attend your local court and complete the form(s) in person.
Once you complete the application, the court registrar will contact you to discuss the application and process. If the application is accepted, the registrar will issue the application and give you a date for the court hearing. The application will be served on the other person in the proceeding (the respondent). If the police applied for the order, they will receive the documents too.
At the hearing, you will need to show there has been a change in circumstances.
Applying online? Visit the extend, vary or revoke portal for applicants and affected family members.
Respondents
If you are the respondent, you may want to apply to the court to change an intervention order if:
- you find the conditions in the order unworkable or difficult to manage
- your circumstances have changed significantly; or
- you want to have contact with the applicant.
To vary or revoke an intervention order, you must first apply to the court and be granted with permission to apply for changes. This is called making an application for leave.
To make an application, you can:
- make an application through Docusign by:
- download and complete the following forms and provide the completed forms to the nearest court via email or post:
- attend your local court and complete the form(s) in person.
Once you apply for leave, there will be a court hearing where the magistrate will decide whether your application for leave has been successful.
At the hearing, you must be able to demonstrate to the court that your circumstances have significantly changed or new facts have arisen since the order was originally made which would justify the changes that you seek.
If the court grants your application to apply (this is when the magistrate grants you leave), the application will be served on the other person. If the police applied for the order, they will also receive the documents.
Withdrawing your application
A magistrate can make this order if a party to a proceeding seeks leave of the court (permission from the court). A magistrate can make this order on their own initiative.
The court will need a person seeking to withdraw to:
- file an application to withdraw an application to be served on the respondent by the registrar; or
- if the person attends the court, make an oral application to the court.
Resources
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.
Related information
