What is an Intervention Order?
An intervention order, also known as a restraining order, is a legal order issued by the court to protect a person from another person’s behaviour. It’s commonly used in cases of domestic violence, stalking, or harassment. Intervention orders can be either a Family Violence Intervention Order or a Personal Safety Intervention Order.
Consequences of an Intervention Order
An intervention order has serious consequences, whether you’re the protected person or the respondent. If you’re the respondent, you may be prohibited from contacting the protected person or coming near their home or workplace. You may also need to surrender any firearms and your gun license may be affected. If you’re the protected person, you may have to relocate or take time off work to avoid the respondent.
How to Cancel an Intervention Order
If you’re looking to cancel or revoke an intervention order, it’s important to understand the legal process involved. Here’s a step-by-step guide:
Step 1: File an Application for Leave with the Magistrates’ Court
To cancel or revoke an intervention order, you need to file an application for leave with the Magistrates’ Court. This application must be accompanied by an affidavit of application for verification.
Step 2: Attend a Hearing
Once you’ve filed the application, a hearing will be scheduled to determine whether you may be allowed to cancel or revoke the intervention order. During the hearing, a judicial officer will review the case to determine if cancellation or revocation is appropriate.
Step 3: Serve the Application
If the application for leave of court is granted, a copy of the application will be served on the opposing party or the police, if they were the ones who made the initial application.
When to Consider Cancelling an Intervention Order
Cancelling or revoking an intervention order is a serious matter and should only be considered in certain circumstances. Here are some situations where cancellation may be appropriate:
The Order is No Longer Necessary
If the circumstances that led to the intervention order being put in place have changed, you may be able to cancel or revoke the order. For example, if the protected person has moved away or the respondent has completed an anger management program.
The Conditions of the Order are Too Burdensome
If you’re struggling to comply with the conditions of the intervention order, cancelling or revoking it may be the best option. However, it’s important to seek legal advice before taking this step.
You Need to Contact the Other Party for an Important Matter
In some cases, cancelling or revoking an intervention order may be necessary to contact the other party for an important matter, such as arranging child custody or property settlement.
Cancelling or revoking an intervention order can have serious consequences, so it’s important to consider your options carefully and seek legal advice before taking any action. If you’re struggling to comply with an order and want to explore your options for cancellation or revocation, our team at Shane McClure is here to help. Click here to book a free no-obligation Discovery Call to discuss your enquiry in more detail.