A Family Violence Intervention Order (FVIO) is a court order designed to protect a person by placing limits on the behavior of another person. An individual or the police (on someone’s behalf) can make an application to the Magistrates’ Court for this against a family member.

What is Family Violence?

Family Violence is harmful behavior that is used to control, threaten, force or dominate a family member through fear. This includes:

  • Physical assault;
  • Sexual assault;
  • Property damage or interference with property;
  • Emotional or psychological abuse;
  • Threats;
  • Financial abuse; and
  • Coercing, controlling, dominating or terrorizing behaviors.

If a child is around family violence in any way, they may be protected by a family violence intervention order. This may include if a child

  • Hears the abuse of a family member
  • Sees damaged property
  • Helps an abused family member.

Who can be protected by an FVIO?

A family member who may be protected by a FVIO includes:

  • people who share an intimate personal relationship, whether there is a sexual relationship or not—for example, married, de facto or domestic partners
  • parents and children, including children of an intimate partner
  • relatives by birth, marriage or adoption
  • people you treat like a family member—for example, a care giver, guardian, or person who is related to you within the family structure of your culture.

Key terms used:

  • Affected family member/affected person: The protected person when the order is made, this means they cannot have family violence committed against them by the respondent.
  • Applicant: The person who applies for an order on their own behalf or on the behalf of another person
  • Respondent: The person who the order is against is called the respondent.

How is an application for an FVIO made?

A FVIO is a legally enforceable document that provides a person and other affected family members protection. The order imposes conditions to stop the respondent from using family violence against the protected person.

An application can be made by an individual by applying with the Magistrates Court. Alternatively, if the police are called to attend an incident where there is imminent danger of family violence, the police may make an application for an FVIO on the persons behalf.

At the Family Lawyer, we can also assist you in assessing your circumstances and whether you would benefit from an FVIO and we can assist you in making this application.

Conditions of an FVIO

If the court are satisfied there has been family violence and a risk of this occurring again, the court will grant the order an impose conditions on the conduct of the respondent. If you are the respondent, it is important you read the conditions of the order carefully to ensure you do not breach the order. At The Family Lawyer, we can advise you on the conditions to ensure you do not breach the order.

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Frequently Asked Questions

An interim order is made for a short period by the Magistrate until they can hear more evidence at a final hearing. A final order is made after the Magistrate hears all the evidence of the parties and makes the order for a set period of time.

Alternatively, the Magistrate may decide not to make a final order if they have insufficient evidence and do not consider there to be a risk of family violence.

The Magistrate has the power to decide the length of time the order will last. Before an order expires, the court can also extend the order for a longer period of time.

Yes, an order can be changed. Either party can apply to the court to have the order ‘varied’ if the circumstances permit this. The court will consider this request and reject or grant the variation if they consider it appropriate. An application can also be revoked or cancelled if requested by the applicant and/or protected person

If the respondent does not comply with the conditions of the FVIO, this is considered a breach and they may be charged with a criminal offence.

Yes, the children can be listed as the affected family members of an intervention order.

While an intervention order should not be recorded on a person’s criminal record, it may show up on a police clearance check, which may then affect employment or other opportunities for which the applicant is required to obtain a satisfactory police clearance.

An intervention order may be denied because the Magistrate believes the applicant did not show evidence of a serious threat or harm has occurred or is likely to occur on the balance of probabilities.

If the conditions of a family violence intervention order are difficult to live with, a protected family member or a respondent can apply to the Court to change (vary) the conditions of the order. A respondent must first obtain permission (leave) from the Court to apply to change the conditions. The matter will then be heard before a Magistrate who will ultimately decide whether or not to allow the change.

Yes. There are no fees associated with applying for an intervention order via the Magistrates’ Court. You may, however, need to hire a solicitor to assist you in making the application or representing you in Court. The solicitor will likely charge you for their time unless you are receiving legal aid.

From 25 November 2017, any current intervention order made in Victoria (even if it was made before 25 November 2017) is now recognised in all other states and territories in Australia. The Police in any state must enforce the order, and you may be charged if you break the order. If you have children who are named as protected persons in an intervention order against you, and the other parent plans to take them interstate to live, it is important that you get legal advice.

What our clients say…

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

Really happy with their service. Thank you.

Teodor

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

What our clients say…

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

Really happy with their service. Thank you.

Teodor

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

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