Any party to an Intervention Order can appeal the Magistrate’s decision. An appeal must be lodged at the Magistrates’ Court within 30 days of the Intervention Order being made. Appeals are heard in the County Court of Victoria.
Appeals can be in regard to:
- the making of an Intervention Order;
- conditions in an Intervention Order;
- the refusal to make an Intervention Order; or
- the refusal to impose certain conditions in an Intervention Order.
NOTE: Lodging an appeal against Intervention Orders does not automatically change the order. The order will remain in force until the appeal is heard and a decision made.
The Appeal Process
To lodge an appeal you must:
- Ring your closest Magistrates’ Court and make an appointment.
- Attend your appointment. A Registrar will interview you and he/she will explain the appeal process, and ask questions about why you want to appeal.
- Fill out the paperwork. The Registrar will then contact the County Court and obtain a date for your appeal. (The Registrar cannot nominate when your appeal will be listed at the County Court.) After the date has been set, the Registrar witnesses your signature on the appeal paperwork.
- Serve the paperwork on the other parties, notifying them of the appeal.
NOTE: If the police took out the initial Intervention Order application, they will serve the appeal paperwork on the other parties.