What if the respondent doesn't object? - Interim FVROs
What if the Respondent is late objecting?
If an objection is not received by the court within 21 days of when the Respondent was served with the interim FVRO, the interim FVRO automatically becomes a final order.
In limited circumstances, the Respondent can apply to set aside the final FVRO if they can show they had a good reason for not putting in an objection within time.
During this process, you will still have the protection of either the final order, or the original interim FVRO.
If the Respondent wants to make an objection after the interim FVRO becomes a final order, the registrar will set a hearing before the magistrate. Only the Respondent attends this hearing. You will not be told about the Respondent's application at this stage and the final order remains in place.
If the magistrate doesn't think there was any good reason for the Respondent being late in making an objection, the application to set aside the final order will be dismissed and the final FVRO remains in place.
If the magistrate thinks the Respondent might have had a good reason for not sending their objection to the court on time, the Respondent's application to set aside the final order will be listed for another hearing. You will be sent a summons to let you know the next hearing date so that you can go to court and oppose their application if you want to. The final order still remains in place. If you receive a summons from the court, it is recommended you get legal advice.
If the magistrate agrees at the next hearing that the Respondent had a good reason for not being able to send in their objection in time, they can set aside the final order, but it will remake the original interim FVRO. The case will then be treated as if the Respondent had sent in an objection in time.
Otherwise, the Respondent's application to set aside the final order will be dismissed and the final order will remain in place.