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Other options

Alternatives to appealing a magistrate's decision

Rather than appealing the decision to grant a family violence intervention order or refusal to make an order, a client may consider alternative options depending on their circumstance.

  • An affected family member or respondent may apply to vary the conditions of the final order or:
  • Where the application for a final order was dismissed, an affected family member may lodge a fresh application for an order:
    • if there is new evidence and/or allegations; and
    • If the 30 day time limit to appeal has passed
  • A respondent to a final order may apply to the same court that heard the matter at first instance for a rehearing of the proceeding only if:
    • they were not personally served and
    • the application was not brought to their attention under an order for alternative or substituted service, or
    • if there are exceptional circumstances and a rehearing is fair and just in the circumstances.

See ss.45, 100, 108, 122 and 149 – Family Violence Protection Act 2008 (Vic)(opens in a new window)

Changing a family violence intervention order

What is a rehearing?

Procedure and time limits for lodging an appeal