Family Violence Intervention Order (Applicant) - Respondent-Initiated Variation or Revocation

The Process at a Glance: Conduct intake and assess whether a significant change in circumstances exists since the order was made. If the respondent was absent at the original hearing, calculate the strict 21-day leave filing window. Draft and file the leave application and substantive application via the CMS Portal. Issue the mandatory section 123 non-contact compliance warning to the client. Serve the papers on the AFM and police. Attend the mention to argue for leave under section 109. If leave is granted and the AFM contests, file responding affidavits and represent the respondent at the final hearing.

Key Legislation and Case Law: Family Violence Protection Act 2008 (Vic) - s 100 (variation and revocation), s 108 and s 109 (leave gateway and threshold), s 109(2A) (absent respondent 21-day window), s 109(2C) (exceptional circumstances for late filing), s 116 (appeals with strictly non-extendable 30-day limit), s 123 and s 123A (contravention offences). The 30-day appeal limit is non-extendable as established in [Carroll v Browne [2021] VSC 253](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2021/253.html). Firearms Act 1996 (Vic) s 49 imposes automatic 5-year firearms disqualifications upon a final order, which are not lifted by subsequently varying or shortening the order.

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This legal matter plan provides a structured workflow for Family Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.