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How to apply for an urgent family violence intervention order

About the Author: Kristdel Bolog

Kristdel practices solely in Family Law has been a Partner at The Family Lawyer since June 2019. Aside from her amazing ability to recite from memory the entire “Ode to Spot” by Commander Data, she has a wealth of knowledge and practical experience from a decade in the field of family law. Kristdel’s passion for the law and a love of helping people through difficult times enables her to put peoples minds at ease, even during complicated or bitter family court proceedings. As our resident “empath” she is The Family Lawyers’ Counsellor and is always there to listen to her colleagues or clients and bring a smile to their faces. Her nickname around the office is “the nerd”, a badge she wears proudly. Kristdel is hardworking, knowledgeable and dedicated to getting great outcomes for her clients. You can contact her at kbolog@thefamilylawyer.com.au or on 03 8657 3751.
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April 4, 2020

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Applying 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.

How can we help?

If you need legal advice or support, our experienced and compassionate family lawyers can assist you, whatever stage you may be at. Talk to us today for a FREE 15-minute family law consultation by calling 03 8657 3751 or via email at enquiries@thefamilylawyer.com.au we look forward to helping you achieve a better outcome.

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