Applications to Extend Intervention Orders in Victoria

If you’re a protected person or applicant in a Family Violence Intervention Order (FVIO) case, you may need to extend the order if concerns about your safety continue beyond the existing time frame. Section 106 of the Family Violence Protection Act 2008 allows the court to grant an extension if there’s a reasonable likelihood that, without it, further family violence could occur.

What Matters At Court

Courts tend to look at the broader picture when considering extensions. Key factors they weigh include:

  • The original circumstances leading to your order—especially whether the respondent consented to it without admitting fault.
  • How long the order has been active and when your last incident occurred.
  • Whether the respondent has complied or breached the order, which can affect whether stricter conditions should be added.
  • Any changed circumstances, such as moving to a new location, or if the respondent has taken steps like counselling.
  • If children are affected, their safety is weighed heavily in any decision.

The Application Process — A Step-by-Step Guide

  1. Apply early: The court expects extension applications to be filed at least four weeks before the current order ends.
  2. Forms & Access: You can apply using the EVR portal (‘Extend, Vary, Revoke’) or by submitting a paper form to the Magistrates’ Court.
  3. Initial Hearing: The case is first scheduled for a Mention hearing, where respondents indicate if they will oppose the extension.
  4. Next Steps if Contested: If opposed, the case may go to a Directions Hearing where further details are clarified. Resolution options may be explored.
  5. Interim Order: If the decision is still pending, an interim extension helps maintain protection.
  6. Final Hearing: If resolution fails, the matter goes to a final hearing where evidence is examined and a magistrate makes the extension decision.

Why Legal Guidance Is Crucial

Agreeing to an extension without strong grounds—or responding poorly to an extension application—might expose you to criminal charges if the order is later breached. That makes expert legal representation vital to ensure the correct process is followed and your interests are protected.

Contact Us for Expert Help

At Elbob & Stephenson Legal, our criminal defence lawyers are highly experienced in intervention order cases, including extension applications. We will provide clear, practical advice and strong representation to protect your safety and rights.

Call us today on 1800 117 533 or visit www.easlegal.com.au for a confidential consultation.

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