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I was reading a section of ‘Australia’s National Prison Newspaper’ where it gave some information about bail but I couldn’t find any information about people trying to vary intervention orders (I.V.O). There needs to be more information around that is easy to access and it would be useful to be able to just pick up a newspaper and read information about this. Thanks in advance.
Thank you for your letter, Dylan. As the letter came to us from a prison in Victoria, here is some information from Magistrates’ Court of Victoria that may help you. Please note though, laws in relation to Personal Safety Intervention Orders and Family Violence Intervention Orders (also sometimes called restraining orders, or apprehended violence orders) vary greatly between States. For this reason, it is really important that you seek legal advice from a lawyer in your jurisdiction.
If your situation has changed, you can apply to change a family violence intervention order. The magistrate will assess how it will affect the protected persons and decide.
Changing an order is when you want:
If you are the applicant or affected person, you may want to change the order if you:
To vary, fill in an application to extend, vary or revoke a family violence intervention order form. Print it and bring it to the court where the order was made. You can also do it at the court.
The court registrar will give a date for the court hearing. The application will be served on the other person. If the police took out the order, they will receive the documents too.
At the hearing, you need to show there has been a change in circumstances.
If you are the respondent, you may want to change the order if you:
The court must first grant permission to apply for a change. This is called an application for leave. If you are in custody and need to appear before the Court to make an application to vary an order, you will need to let the Registry know that they need to arrange a custody audio-visual link for you to appear. If there is no link for you, and the application is heard in your absence, there is a real risk that your application to vary will be struck out.
There will be a court hearing where the magistrate will decide if you can apply. You must demonstrate that new facts and circumstances have arisen since the order was made which justify the changes you seek.
If you are allowed to apply, the application will be served on the other person. If the police took out the order, they will receive the documents too.
Thank you for your letter, Dylan. As the letter came to us from a prison in Victoria, here is some information from Magistrates’ Court of Victoria that may help you. Please note though, laws in relation to Personal Safety Intervention Orders and Family Violence Intervention Orders (also sometimes called restraining orders, or apprehended violence orders) vary greatly between States. For this reason, it is really important that you seek legal advice from a lawyer in your jurisdiction.
If your situation has changed, you can apply to change a family violence intervention order. The magistrate will assess how it will affect the protected persons and decide.
Changing an order is when you want:
If you are the applicant or affected person, you may want to change the order if you:
To vary, fill in an application to extend, vary or revoke a family violence intervention order form. Print it and bring it to the court where the order was made. You can also do it at the court.
The court registrar will give a date for the court hearing. The application will be served on the other person. If the police took out the order, they will receive the documents too.
At the hearing, you need to show there has been a change in circumstances.
If you are the respondent, you may want to change the order if you:
The court must first grant permission to apply for a change. This is called an application for leave. If you are in custody and need to appear before the Court to make an application to vary an order, you will need to let the Registry know that they need to arrange a custody audio-visual link for you to appear. If there is no link for you, and the application is heard in your absence, there is a real risk that your application to vary will be struck out.
There will be a court hearing where the magistrate will decide if you can apply. You must demonstrate that new facts and circumstances have arisen since the order was made which justify the changes you seek.
If you are allowed to apply, the application will be served on the other person. If the police took out the order, they will receive the documents too.
If you need help with varying an IVO, you should contact your lawyer, or seek referral to an IVO lawyer through your State’s law bodies, which are:
If you need help with varying an IVO, you should contact your lawyer, or seek referral to an IVO lawyer through your State’s law bodies, which are:
When people are imprisoned, they lose their freedom, but they do not lose all of their human rights. International human rights law makes this very clear.
All people behind bars should be treated with dignity.
This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.
Through these articles, we provide information on relevant areas of law. This first article provides basic information to make it easier for family and friends to support you. There are differences in the ways the systems operate depending on where you’re located (VIC, NSW, ACT or TAS), so we hope this is useful and relevant to where you are.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.
I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?
The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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