How to Vary an Intervention Order
Be Informed
Variation to a FVIO or PSIO
Should you be a respondent, applicant, or an affected person to a FVIO (Family Violence Intervention Order) or PSIO (Personal Safety Intervention Order), you can ask the court to change the order for many reasons.
Potential reasons to change a FVIO or PSIO include where circumstances have substantially changed since the order was made. For example, the protected person may require additional protection, the order may no longer be necessary, or the existing conditions are no longer practical.
What Changes Can be made to an Intervention Order?
Revoke – This involves asking the court to ‘cancel’ the IVO. This may be appropriate if you feel that the order is no longer necessary.
Extend – The duration of an IVO can be increased. It is recommended that an application for an extension is made at a minimum of 4 weeks before the order expires.
Vary – The conditions of the IVO can be changed, with the order still being in place. This may be appropriate in situations where the existing order conditions no longer reflect the parties’ circumstances.
How to Change an IVO?
Applicants and Affected Family Members
An application can be made via multiple pathways:
Online – via the Magistrates’ Court of Victoria online portal
Email or post – Application forms can be downloaded from the Magistrates’ Court of Victoria website. The completed application form(s) can then be sent to your nearest court via email or post.
In Person – Application forms can also be completed in person at your nearest court.
How to Change an IVO?
Respondents
For respondents, the process to change an IVO is different to those mentioned above.
Step 1: To vary an IVO, respondents must first apply to the court and then be granted permission to apply for changes (known as an ‘application for leave’). This can be completed through Docusign, email or post, or in person.
Step 2 : Once an application for leave is complete, there will be a court hearing. In this hearing, the magistrate decides whether the application is successful. It must be noted that at this hearing you must be able to demonstrate to the court that either (a) new facts have arisen or (b) your circumstances have significantly changed since the IVO was originally made, which justify the changes you seek.
Step 3: If the Magistrate grants you leave, your application will be served on the other person. It must be noted that if the police applied for the order, they would also receive the relevant documents.
Can I withdraw an Application?
An application can be withdrawn if a party to the proceeding seeks leave of the court. It should also be noted that a Magistrate can make this order themselves. The person seeking to withdraw their application must file an ‘application to withdraw an application’ or make an oral application to the court (if said person attends the court).
Have you been served with an intervention order?
What to do:
Check the details of the court hearing including the date, time and location. Ensure that you do not miss this court date otherwise the court may determine the case in your absence, adjourn the case and issue a warrant or make an intervention order with respect to a child.
Understand who the intervention order is protecting. There may be a number of people listed including children (checked both Affected Family Members and Protected Persons).
The application will explain why the applicant is seeking an order against you. Start to think about whether you agree or disagree with the application.
If you have been served an interim intervention order, review the conditions of the order and ensure that you do not breach any of the conditions even if you disagree with them. You will have an opportunity at court to contest the order against you.
You should then contact our office for advice. We recommend that this occur prior to the first court hearing to ensure that you receive advice on the best course of action moving forward.