How to apply for an urgent family violence intervention order

Categories: News and Updates, The Family Lawyer Education CenterPublished On: April 4th, 2020Comments Off on How to apply for an urgent family violence intervention order16.3 min read
Kristdel Bolog
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How to apply for an urgent family violence intervention order

A family violence intervention order is a court order to protect a person, their children and their property from a family member’s behaviour.

Step 1: Call the police if you are in danger.

You should call 000 if:

  • someone is injured or in need of urgent medical help
  • your life or property is being threatened or in danger
  • you have witnessed a serious accident or crime.

If you are not in immediate danger and the police have not made an FVIO application on your behalf, you can apply to the court for an intervention order.

Step 2: Make an application for an intervention order

You can apply for a family violence intervention order (FVIO) online or contact your nearest Magistrates’ Court and make an appointment to apply for a FVIO.

When you make your appointment, you should tell them that you want to make an urgent application.

Once an appointment is booked and if it’s safe to do so, fill in a family violence intervention order application form.

On the form, you will be asked to provide:

  • information about the person who committed family violence including their name and address
  • information about what happened, including why you think it might happen again.
  • the names and birth dates of your children and other family members who need protecting and their relationship
  • the conditions you want in the order.

Step 3: Go to the appointment

Attend the Magistrates’ Court where you have made your booking. You should tell the register whether your application is urgent and you need an interim order.

If you’ve completed the family violence intervention order application form, bring it to your appointment.

You will be asked to read over the application and sign it to promise it is true and correct. If your application is approved, a registrar will give you a copy of the documents.

Step 4: Informing the person the intervention order is against

The police will serve a copy of the application and if one was made, interim order on the person the intervention order relate to.

You can contact the Magistrates’ Court where the application was made to see if it has been served.

If an interim order was made, the police will inform you when they have served it.

Step 5: Go to court

It is important to go to court for the FVIO hearing. You should plan to be at court all day. If the other party has been served and does not come to court, an order can be made in their absence.

A magistrate may make a final or interim FVIO if they believe:

  • Family violence has been committed against you
  • The behaviour is likely to happen again
  • You fear for your safety.

If a FVIO is made, the magistrate will read the conditions of the order out in court. A registrar will give you a copy of the FVIO after the hearing.

If you don’t agree with the magistrate’s decision, you can appeal to the County Court of Victoria.

At The Family Lawyer, we can help you in all aspects of family law matters. For a free 15 minutes consultation contact The Family Lawyer by calling (03) 8657 3751 or emailing enquiries@thefamilylawyer.com.au