How to Appeal the Making of an Intervention Order (IVO)

Why and How to Appeal an Intervention Order Decision

An Intervention Order (IVO) is a legal tool used to protect individuals from harm, harassment, or abuse. However, there may be instances where the respondent (the person against whom the order is made) or even the applicant (the person seeking protection) feels that the decision was unjust or made in error. In such cases, it’s possible to appeal the decision. Understanding the appeal process and knowing when it’s appropriate to challenge an IVO before taking any action is important.

How to appeal the court's decision in the making of an intervention order, including grounds for appeal, the appeal process, and what you can expect from the procedure are outlined below.

Grounds for Appealing an Intervention Order (IVO)

Appealing an IVO is a legal right, however, to exercise this right, there must be grounds to do so. Below are common reasons someone may appeal the decision of a Magistrates’ Court decision, to the County Court:

Legal Error in the Court's Decision

If the original decision was based on a misunderstanding or misapplication of the law, this could serve as grounds for an appeal. Legal errors can include incorrect interpretations of evidence, failure to follow procedural rules, or mistakes in the application of the relevant legislation.

Factual error

An IVO may be appealed if the court issued the order based on insufficient, misleading, or incorrect evidence, there may be grounds for an appeal.

Discretionary error 

This may include a lack of procedural fairness in favour of one party over another, or apprehended bias. 

The Appeal Process: What to Expect

The appeal process can seem daunting, but breaking it down into manageable steps can help. Here’s what to expect if you’re considering an appeal:

1. Seek Professional Legal Advice

Before proceeding with an appeal, it's crucial to seek legal counsel from an experienced intervention order lawyer. A lawyer will help assess whether your appeal is based on legitimate grounds and guide you through the legal process.

2. Filing Your Appeal

To begin the appeal process, you must file an application with a higher court, typically the County or Supreme Court, depending on your jurisdiction. The application should clearly outline the legal reasons for the appeal, including any new evidence or errors in the original decision.

The court will set a hearing date, and the appeal must be filed within a specific timeframe, usually within 28 days of the original order. Failing to meet this deadline could jeopardise your appeal.

3. First directions Hearing

Heard before a Judicial Registrar, who will make orders losing a hearing before a judge and dealing with any procedural matters. 

4. Final directions hearing

Heard before a judge, all parties much have completed all steps in accordance with orders made by the Judicial Registrar

5. The Appeal Hearing

During the appeal hearing, the court will review the original decision and assess whether the presiding magistrate made a legal, factual or discretionary error. Both parties (the applicant and the respondent) may present their cases, providing additional evidence or explaining why the original decision should be set aside.

Unlike the original hearing, an appeal hearing is typically focused on whether the court made errors in law or how the evidence was interpreted. It is not a re-examination of the facts but a review of the legal process.

4. The Court's Decision

After the hearing, the court will deliver its decision. The possible outcomes include:

• Confirm: The original IVO decision is confirmed, remaining in place without any changes.

• Vary: The original order may be varied, such as changes in conditions.

• Set aside: the decision of the Magistrate in making the original order is set aside, and a decision is made as to whether the matter will be remitted to the Magistrates’ Court or a hearing and determine the appeal on the day.

What Happens After an Appeal?

Once the appeal decision is made, it’s crucial to follow the court's ruling carefully. If the appeal was successful and the IVO was revoked, the applicant is no longer under the protection of the order, and any associated restrictions are lifted.

However, if the appeal is unsuccessful, the original intervention order stands, and it may be enforced more strictly.

Breach of the IVO: If the respondent breaches the conditions of the intervention order at any stage, they may face criminal charges, including fines or imprisonment, depending on the seriousness of the breach.

It’s essential to ensure compliance with any ongoing orders, as breaching them can lead to significant consequences, even if the appeal process is still underway.

Seek Expert Legal Assistance for Your Appeal

Appealing an intervention order can be a challenging and complex process. Whether you are the respondent seeking to appel the IVO, or the applicant seeking to protect your safety, professional legal advice is essential to guide you through the process. Our team at Rebecca Burdon Legal & Consulting

An intervention order lawyer can help you navigate the complexities of appealing an IVO, ensuring that your case is heard fairly and that all the appropriate legal steps are followed. If you believe an IVO has been unjustly issued or the conditions are unfair, don’t hesitate to reach out for expert assistance.