VIC Do I Need a Lawyer to Revoke Intervention Order?

[yhfg27]

I am the applicant and plan to revoke the intervention order imposed on my husband. He has undertaken the treatment and I am happy with his achievement.

If I lodge an application to revoke the intervention order, what are the chances that it will succeed? If there is high chance, the court will listen to applicant's opinion and my application will succeed, I probably won't hire a lawyer. If it is 50 to 50 chance, I might think about hiring a lawyer.

 

[yhfg27]

bump up.

 

[thatbloke]

Your post is very confusing. There is one protecting you from him and you want it revoked?

 

[yhfg27]

but my husband is undertaking counselling and psychologist conduct the assessment he can manage his anger well. as a result, I want to give him a chance to get back.

 

[thatbloke]

Who took it out originally you or the police on your behalf? If it was the police you could have trouble getting it revoked yourself but you can still try it if it was you it might be easier

But to be honest if nothing is happening between you and you are getting on Ok the order is just a piece of paper that means nothing so why bother

 

[sammy01]

NO WAY... Here is why he should bother... If there is an argument and she calls the cops - she wins the argument and he goes to jail...
I'm in NSW - AVO's vary from state to state... My understanding is that you could seek to have the part of the order that states you cant talk, or live together or what ever removed. BUT it is unlikely that they would throw the whole thing out.

My thoughts, you can self represent on this one... BUT some food for thought. I can put fuel in my car, easy... change a tyre? maybe. replace the flex compasitor. HELL NO... If it matters that much to you that this thing gets revoked, then pay the money to give yourself the best chance to achieve that goal. IF it doesn't matter all that much and you think you can do it yourself, bit like changing a tyre... Then do it yourself

 

[thatbloke]

Sammy... I totally agree with you in relation to the aggrieved being able to suddenly resurrect the DVO and have hubby arrested

If the police brought this application it might be quite hard to get rid of

 

[Nonfiction]

What was the reason for your husband getting “help”? Was it prompted only by the violence order? Will he continue with the treatment if the dv Order is revoked? Assuming you sought it for legitimate reasons...yes it’s great to hear his behaviour has improved significantly as he is getting the help he needs, but let’s say it is revoked...the thing you also need to consider is future ramifications (for you...not him), should any further incidents of dv occur...including if his behaviour does “slide” and you need to seek another one. I would say a variation?

As far as I understand it long term behaviour changes do not take merely a matter of a few months to affect...hence, the term recidivism.

I agree you should speak to a lawyer.

 

[Rod]

long term behaviour changes

Depends. If there is the WILL to change and there was a 'light bulb' moment, then it is very possible.

flex compasitor

= Flux capacitor (OCD kept nagging me, * note to self: never let Sammy fix a car)

I agree, remove order if possible. Always easy to get a new one.

 

[MartyK]

It is possible to have one revoked - do not make decisions lightly or only to please your husband - you need case-specific legal advice, from someone knowledgeable about DV and DV dynamics.

Try Womens Legal Services