The By Lawyers Intervention Orders commentary has been reviewed and updated by our author to ensure all content is in line with current law and practice. As part of this regular review process, the following enhancements have been made:
- Expanded coverage on applications to vary or revoke orders, and the typical procedure involved.
- New content added regarding the Women’s Domestic Violence Court Assistance Service.
- Updates to coverage of penalties for contravention of interim or final intervention orders.
Women’s Domestic Violence Court Assistance Service
This service provides pro-bono, specialised assistance to women who need to apply for a private intervention order, to vary a confirmed order, or to end a tenancy agreement due to domestic violence.
Applications to vary or revoke orders
A defendant may apply to have an intervention order varied or revoked only after 12 months have passed since the confirmation of the order, or such longer dated as fixed by the court.
The protected person may make an application to vary or revoke the order at any time. They should expect to be questioned by a magistrate at length on the reasons for the application. If the police are involved they are most likely to oppose such an application, particularly where there has been no apparent change in the parties’ circumstances since the order was made.
As the commentary in the Intervention Orders commentary notes:
Breaches of an intervention order will be taken seriously. It does not matter if the protected person says that they consent to the breach, or even actively encourages it. Gaol terms and loss of the presumption in favour of bail is a real possibility for a defendant who breaches an intervention order.