Can an Intervention Order Be Withdrawn?

It is very common for people to change their minds after an Intervention Order application has been made.

Sometimes the parties reconcile. Sometimes the dispute settles. In other cases, the applicant simply decides they no longer want the order.

This often leads to the question:

“Can the Intervention Order just be withdrawn?”

The answer is sometimes, but not always.

Whether an Intervention Order can be withdrawn depends on the stage of the proceedings, who made the application and whether the court is satisfied that it is appropriate to allow the application to be withdrawn.

Even if both parties agree that the order is no longer necessary, the court has the final say.

Can the applicant simply cancel the application?

Not necessarily.

Many people believe that because they applied for the Intervention Order, they can simply tell the court they no longer want it.

That is not always how the process works.

Once an application has been filed, it becomes a matter before the Magistrates’ Court.

The court ultimately decides whether the application should proceed or whether any existing order should remain in place.

What if Victoria Police made the application?

This is one of the most common situations.

In many Family Violence Intervention Order matters, the application is made by Victoria Police rather than the affected family member.

Even if the protected person tells police that they no longer want the order, Victoria Police may decide to continue with the application if they believe an Intervention Order is still necessary.

The reason is that police have a duty to protect people they believe may be at risk of future family violence.

This can sometimes be frustrating for both parties, particularly where they have reconciled or wish to resume contact.

What if the protected person no longer wants the order?

The protected person’s views are important, but they are not the only factor the court considers.

The Magistrate may consider matters such as:

• Whether the original allegations involved family violence.

• Whether there is an ongoing risk.

• Whether there has been any further offending.

• Whether the parties have reconciled.

• Whether the protected person is acting freely and voluntarily.

• Whether there are children involved.

• Whether withdrawing the order would adequately protect the affected person.

Ultimately, the court must decide whether the order remains necessary.

Can an interim Intervention Order be withdrawn?

Yes, but only with the approval of the court.

If there is an interim Intervention Order in place, it remains legally binding until:

• The application is withdrawn with the court’s approval.

• The Magistrate revokes the interim order.

• The matter is dismissed.

• A final order is made.

Until that occurs, you must continue to comply with every condition of the interim order.

Ignoring an interim order because you believe the matter has “settled” can result in criminal charges.

What if we’ve reconciled?

It is very common for people to reconcile after an Intervention Order has been made.

However, reconciliation does not automatically end the order.

Until the court varies, revokes or otherwise deals with the Intervention Order, the existing conditions continue to apply.

If both parties wish to resume contact, legal advice should be obtained before doing so.

In many cases, an application can be made to vary or revoke the order rather than simply ignoring it.

Can a final Intervention Order be cancelled?

Yes, in some circumstances.

A final Intervention Order can sometimes be:

• Varied.

• Revoked.

• Allowed to expire at the end of its term.

The court will consider whether there has been a significant change in circumstances and whether the order remains necessary for the protection of the affected person.

Again, the court, not the parties, makes the final decision.

What if the applicant doesn’t come to court?

It depends.

If the applicant fails to attend court, the Magistrate has several options.

The court may:

• Adjourn the matter.

• Strike out or dismiss the application.

• Proceed in the applicant’s absence in some circumstances.

• Make other procedural directions.

You should never assume that because the applicant is absent, the application will automatically be dismissed.

Do I still have to comply with the order if everyone agrees?

Yes.

This is one of the most common mistakes people make.

Even if:

• The protected person says you can contact them.

• You have moved back in together.

• You are communicating every day.

• You have resumed your relationship.

You must continue to comply with the Intervention Order until the court changes it.

Breaching an Intervention Order remains a criminal offence, even if the protected person invited the contact.

Should I get legal advice?

Yes.

Whether you are:

• The applicant who wants to withdraw the application; or

• The respondent who wants the order revoked,

obtaining legal advice is important.

A lawyer can:

• Explain the court process.

• Advise whether withdrawal is likely.

• Prepare the necessary application.

• Appear in court on your behalf.

• Negotiate with Victoria Police where appropriate.

• Advise whether a variation may be a better option.

Every case is different, and the best approach depends on the individual circumstances.

Practical tips

If circumstances have changed:

• Do not assume the order has ended.

• Continue complying with every condition.

• Obtain legal advice before contacting the protected person.

• Keep copies of all court documents.

• Discuss whether a variation or revocation application is appropriate.

Following the proper legal process is far safer than relying on informal agreements between the parties.

Frequently Asked Questions

Can the protected person withdraw an Intervention Order?

They can tell the court that they no longer want the order, but the court ultimately decides whether the application should be withdrawn or whether the order should remain in place.

Can Victoria Police continue the application?

Yes. In many Family Violence Intervention Order matters, Victoria Police may continue the application even if the protected person no longer wishes to proceed.

What if we’ve reconciled?

Reconciliation does not automatically end an Intervention Order. Until the court changes or revokes the order, you must continue to comply with its conditions.

Can I contact the protected person if they agree?

Not necessarily. If the Intervention Order prohibits contact, the protected person’s consent does not automatically make communication lawful. You should obtain legal advice before making contact.

Thinking about withdrawing an Intervention Order?

Whether you are the applicant or the respondent, changing or withdrawing an Intervention Order involves more than simply telling the court you have changed your mind.

At Wilkinson Lawyers, we regularly assist clients with applications to withdraw, vary and revoke Family Violence Intervention Orders and Personal Safety Intervention Orders throughout Victoria. We can advise you about your options, prepare the necessary court documents and represent you throughout the process to help achieve the most practical outcome for your circumstances.

If you have been served with an Intervention Order at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in intervention order matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.