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r 4.05

Application for variation, revocation or extension of a family violence intervention order

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Part 2Applications for family violence intervention orders

4.05 Application for variation, revocation or extension of a family violence intervention order

(1)

For the purposes of sections 100 and 106 of the Act, an application for a variation, revocation or extension of a family violence intervention order must include the following particulars—

(a)

the names of the parties to the proceeding in which the order was made;

(b)

the name of the applicant for the variation, revocation or extension;

(c)

the capacity in which the applicant applies;

(d)

if the applicant is not the protected person or a police officer—

(i)

whether the protected person consents to the making of the application; or

(ii)

if the protected person is a child, whether a parent of the child consents to the making of the application; or

(iii)

if the protected person has a guardian, whether the guardian consents to the making of the application;

(e)

whether the applicant requires leave of the Court to make the application;

(f)

the date of making the family violence intervention order;

(g)

whether any other persons have become family members of the respondent since the family violence intervention order was made;

(h)

the reasons for seeking a variation, revocation or extension;

(i)

details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;

(j)

if the application is for a variation, the conditions of the variation sought;

(k)

if the application is for an extension, the duration of the extension sought.

(2)

If the respondent applies for the variation or revocation of the family violence intervention order, the application must also set out any change in circumstances since the family violence intervention order was made.

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Section 4.05 — Application for variation, revocation or extension of a family violence intervention order — Magistrates' Court (Family Violence Protection) Rules 2018 (Victoria) — Barrister AI