Either party – the applicant or the respondent – can go to court and request changes to vary the conditions of an intervention order. There are rules, though, which include meeting specific criteria. If you are unsure of your next step regarding an intervention order, Vanessa Ash is an expert in intervention orders and family law.
To vary an intervention order:
- A person must be difficult to live with
- There has been a change in circumstances
If a protected person wants to change the order
This person may request a change in the intervention order if they want to have contact with the respondent – they may feel safer, and wish to reconnect. The conditions of the order may be difficult to manage, for example with work or school or other places being very close by and hard to avoid.
Alternatively, the protected person may want more protection and to extend the order, for example if a protected person wanted the respondent to move out of the house.
If a respondent wants to change the order
A respondent can apply to change the intervention order if there has been a change in circumstances since the order was made, and if that change is significant enough to warrant a change.
A change may include work scenarios changing, so getting a job right next door to the protected person. You can ask for a variation to the order that allows you to go to work, but no closer.
Permission to change an order
Permission must be sought from the court prior to applying to change an order, which will only be granted if there has been a change in circumstances since a family violence intervention order was created, and this change warrants an amendment to the order.
Getting an order changed
First, you must contact the court registrar, who will arrange for the correct forms to be filled out and arrange for the other party to be notified. Another hearing in front of the magistrate will be scheduled so they can decide on your case.
What to do to prepare for the change hearing date
Write down what you want, and why you want it. Be clear. Give it to the registrar prior to the hearing so they can add it to the magistrate’s file.
What the magistrate considers
They will want to know a few things, so be clear. You will be asked:
- Why do you want the order changed?
- How will the changes affect the safety and wellbeing of the other person, particularly any children?
- What does the protected person think of your application?
- Does the protected person have a lawyer?
- What do the police think?
Write your own story. Call Vanessa Ash and Associates today.