Changing an intervention order
A personal safety intervention order may be changed. The court will consider how changes may impact all parties involved.
If you want to change a family violence intervention order, visit, the the family violence interventions order page.
If you are an applicant, affected person or respondent to a personal safety intervention order, you can ask the court to change the order.
You may want to change an intervention order if:
- you are finding it difficult to follow the conditions of the order; or
- your circumstances have changed since the court made the order.
Police may also apply to change the intervention order, even if they were not initially involved in the matter.
There are different types of changes you can ask the court to make. These include:
- Varying the intervention order. This is where you want the order to continue but you want the court to change (vary) the conditions.
- Extending the intervention order. This is where you want the intervention order and conditions to be in place for longer. You should apply at least four weeks before the current intervention order ends.
- Revoking the intervention order. This is where you do not want the intervention order anymore and want the court to cancel (revoke) 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.
Applying to change an intervention order
It is important that you contact the court before you apply to change an intervention order. A court officer can help you understand:
- the conditions of your current order;
- the court process to change an intervention order; and
- what information you can provide to support your application.
You will need to complete an application to extend, vary or revoke a personal safety intervention order. This tells the court why you want to change the order and what changes you want the court to make.
You need to give the completed form to your local court by email, mail or in person. A court officer will then contact you about your application.
The court will arrange to serve a copy of the application on the other parties to the intervention order. This includes the police if they applied for the intervention order.
You will need to take part in a hearing where a judicial officer will consider your application.
Withdrawing your application
A magistrate or judicial registrar can make this order if a party to a proceeding seeks leave of the court (permission from the court). A judicial officer 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.
Additional information for respondents to an intervention order
If you are the respondent to an intervention order, you will need the court's permission to apply to change the order. This is called this ‘applying for leave’.
You will need to explain to the court:
- how your circumstances have changed since the intervention order was made; and
- how that change justifies your request to change the order.
It is important you contact the court before you apply to change an intervention order. A court officer can explain the process to you.
A judicial officer will consider your application for leave at a hearing.
Resources
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.