More than 12,000 intervention orders are applied for each year in Victoria. If you’ve been served with one that you believe is incorrect or unfair, you may be wondering – how can I remove an intervention order?
The good news is that it’s possible to appeal an intervention order and, if there are genuine grounds under the law, it may be overturned or varied. Let’s take a closer look.
Before you appeal an intervention order
It’s important to remember that while the intervention order is in place, you must abide by its terms and conditions. If you break them, it may make it difficult to appeal the order and you could risk fines or imprisonment.
With that said, if you’d like to appeal your intervention order, you should obtain legal advice right away. In most cases, it’s better to appeal right away as the court may have strict deadlines.
Note: Interim intervention orders cannot be appealed. You may have to wait for the order to be formally passed before proceeding.
Reasons for appealing an intervention order
There are several reasons why you may want to appeal an intervention order but the most common are that you:
- Did not attend the hearing because you didn’t know it was happening.
- Disagree with the decision made in the court and wish to appeal.
You may also be able to appeal if you didn’t have an intervention order lawyer present at the first hearing and have now engaged a solicitor.
If you’re appealing because you disagree with the decision made, it’s important that you have clear and compelling reasons for disagreeing and that you’re able to explain them in court. A family law expert can help you better explain these reasons in a way that will maximise your chances of a successful appeal.
How to remove an intervention order
There are two ways to remove an intervention order – through appeal or by having the matter reheard.
If you did not attend the first hearing, you may be able to have the matter reheard in the magistrate’s court. This is usually preferable, as it’s cheaper and quicker than the district court, which can take a long time to make decisions, so it’s best to act quickly at this stage.
When attending court, it’s important that you keep your distance from the protected people. On the day, the Magistrate will:
- Listen to both legal represenatives.
- Decide if an intervention order is needed to provide protection.
- Review which conditions are needed and the duration of the order.
On the other hand, if the intervention order has been finalised by the Magistrate’s court, you’ll have to appeal through the district court.
Reasons why intervention orders are removed
Intervention orders can be removed for many reasons. One of the most common is that the protected person changes their mind and decides to vary or remove the order – or they support your application to revoke it.
Another reason could be that the intervention order wrongly lists children of the respondent as protected people, preventing contact between them. The court may also decide that the conditions of the order are unreasonable and decide not to instate the order – or to vary or revoke it upon appeal.
To give yourself the best chance of fighting any intervention order or appealing the court’s decision, it’s essential that you have quality legal representation that you can trust. The team here at Testart Family Law have decades of experience with intervention orders and can ensure that you’re treated fairly, giving you the best possible chance of a successful outcome.
Our aim is to ease your burden by providing expert advice at a reasonable cost, starting with your free initial consultation. Get in touch today to get started.