How To Revoke or Vary an FVIO (Vic)
Any party to a Family Violence Intervention Order (FVIO) can apply to have the order varied or revoked. This is the case whether the order has been made on a final or on an interim basis. An application to vary an FVIO seeks to change a condition of the order or the persons protected by the order. An application to revoke an order seeks to bring the order to an end. This article outlines the process for applying to revoke or vary an FVIO in Victoria.
Who may apply to vary or revoke an FVIO?
The parties to an Intervention Order that can apply for either a revocation or a variation are:
- The police (whether or not they were initially involved in the application);
- The applicant;
- A protected person;
- The respondent;
- The guardian of a protected person or respondent who is under 18.
Do I require leave to apply to vary or revoke an FVIO?
If you are the respondent in an FVIO and you want to apply to vary or revoke it, you must first obtain the leave of the court, before an application will be accepted and listed. This must occur before the other parties to the order are even informed of the application.
The requirement for leave of the court in this situation exists to prevent abusive and unnecessary applications from bothering the parties who are ultimately supposed to be protected from the respondent.
In obtaining leave from the court, the respondent must demonstrate to the court that there are new facts and circumstances in the matter, warranting the application. This means that the respondent must show a reason for their application and must show that the reason is a result of their circumstances having changed since the order was made by the court. Such changes may include, resumption of the relationship, new employment, moving homes etc. The changes must be linked to the protected persons or somehow impact the Respondent’s ability to comply with the current conditions of the existent order. If the court is not satisfied of this, the application will not be given leave and will not be listed.
If an application to vary or revoke an FVIO is made by the applicant, the police or a protected person, there is no requirement for leave from the court.
What is the process to vary or revoke an FVIO?
Once an application to vary or revoke an FVIO is filed, it is allocated a court date and served on the other parties. If any party wishes to oppose the variation or revocation that is sought, they must attend court to do so.
When considering an application to vary or revoke an order, the court will consider:
- The reasons for the proposed variation or revocation;
- How the proposed variation/revocation will affect the safety of the person/s protected by the order, especially if a child is involved;
- The protected persons’ views;
- The police’s views if the police made the initial or subsequent application.
An application to vary or revoke an FVIO can resolve by consent between the parties at court. However, whilst an agreement between the parties is helpful, the court still has the power to refuse the agreed resolution, if it holds serious concerns for the safety of a protected person, especially if that person is a child and cannot properly consent to the variation or revocation.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.