What is Family Violence
Family Violence is harmful behavior that is used to control, threaten, force or dominate a family member through fear.
If a child is around family violence in any way, they may be protected by a family violence intervention order.
Who can be Protected By A Family Violence Intervention Order (FVIO)
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.
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.
How is an application made for an FVIO
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.
Key Terms used
If you disagree with a child support assessment you have 28 days to notify CSA that you are objecting to a decision. The 28 days starts from the day you get the decision letter.
- 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.
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You have Questions. We have Answers.
Frequently asked questions
Difference between Interim and Final Intervention Order?
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.
How long does the order last?
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.
Will Intervention Orders go on a Police record?
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.
Can a Judge deny an Intervention Order?
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.
Are there fees for filing an Intervention Order?
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.
What happens if the protected person moves states?
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.
