VIC Applying to revoke a prevention order

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457Visafraud

Well-Known Member
16 April 2017
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Hi all,

I stuffed everything and I missed the Court date for an interim prevention order, here is my original thread: VIC - Visa fraud & false family violence claim

I want to apply to revoke the order, do I have any ground regarding that I missed the Court date due to my medical conditions?
I'll provide medical certificate, it's a long standing issue.
And I know that they want to know if there has been any changes so I can show messages by the protected applicant that totally contradict the the family violence claim.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
You're the respondent, not the aggrieved, you can't apply to revoke anything.

Contrary to your suggestion in your other thread, consenting without admissions does not mean you are still suspected of whatever allegations have been made against you. If that were the case, I can assure you the police would be on you like bees to a honeypot.
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
You're the respondent, not the aggrieved, you can't apply to revoke anything.
I think I can apply thought the definition of "party" is a bit confusing: FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 108 Who may apply to vary, revoke or extend family violence intervention order

Contrary to your suggestion in your other thread, consenting without admissions does not mean you are still suspected of whatever allegations have been made against you. If that were the case, I can assure you the police would be on you like bees to a honeypot.
I got the point but if I consent without admission, I still feel like the complainant did not make false accusations.

Edit: application made by respondent - FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 109 Application made by respondent for variation or revocation of family violence intervention order
 
Last edited:

MartyK

Well-Known Member
4 June 2016
419
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If granted permission by the Court, a respondent can apply to have the intervention order varied or revoked. However, depending on the full circumstances, applying for a rehearing or even an appeal might also be an option. You should probably, at the minimum, seek legal advice prior to filing anything with the court.
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
If granted permission by the Court, a respondent can apply to have the intervention order varied or revoked. However, depending on the full circumstances, applying for a rehearing or even an appeal might also be an option. You should probably, at the minimum, seek legal advice prior to filing anything with the court.
I'll try for the revocation or at least to have the order modified since I got some stuff to show to the Magistrate.
Do you know if after the revocation application I'll still be able to apply for a rehearing?
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
Update:
The Magistrate approved the application so I got a re-hearing date.
I'm looking forward to see the protected person's ashamed face when I'll show the evidence!