If you are experiencing family violence or feel unsafe in your home, applying for a Family Violence Intervention Order (FVIO) in Victoria is an important step toward protecting yourself and your loved ones. Here is a clear guide to the process, which will provide the necessary information and steps to help you through this difficult time.
What is a Family Violence Intervention Order (FVIO)?
A Family Violence Intervention Order (FVIO) is a court order designed to protect individuals from family violence. This includes physical violence, threats, sexual violence, psychological abuse, and harassment.
An FVIO can include conditions to protect the affected person/s from further family violence, such as:
- Excluding the respondent from the protected person’s home.
- Prohibiting contact with the protected person, including through phone, text, or other electronic communication.
- Setting a specific distance between the respondent and the protected person.
- Children can also be added to orders when necessary for their protection
FVIOs are enforceable anywhere in Australia and can also be enforced in Victoria if a domestic violence order is issued in another state.
Assessing Immediate Danger
If you are in immediate danger, call triple zero (000) for urgent assistance. Police officers will respond to provide protection, which may include a family violence safety notice or an immediate intervention order. This safety notice is temporary and designed to offer protection while waiting for a court decision.
If you are not in immediate danger but feel unsafe, you can apply to the Magistrates’ Court of Victoria for an intervention order. In some cases, the police may apply for an order on your behalf if they believe you are at risk.
Family Violence Safety Notices
A Family Violence Safety Notice is a temporary order issued by the police in Victoria to provide immediate protection to someone at risk of family violence. It is typically issued when the police believe that a person’s safety is in imminent danger. The notice can include conditions such as prohibiting the perpetrator from contacting or approaching the protected person or from being at specific locations like the family home.
The safety notice is short-term and usually lasts until a court hearing, where a more permanent intervention order may be considered. It is enforceable by law, and breaching the notice can result in criminal charges.
Preparing to Apply for an Intervention Order
If you are over 18 and seeking protection, you can apply for a Family Violence Intervention Order through the local Magistrates’ Court. The court registrar will assist you in completing the necessary court documents.
If you have children or other family members who are also at risk, you can include them in your application as affected family members. You can also request a personal safety intervention order to safeguard others who may be at risk.
You may apply for an interim order, which provides immediate protection until a final decision is made by the Magistrates Court. Interim orders are typically granted quickly and can offer temporary relief until your next court date.
Gathering Evidence for Court
To help the Magistrate make an informed decision, gather any evidence you can, such as:
- Photos of injuries or damage to property.
- Medical records or reports from a support worker or doctor.
- Texts, emails, or social media messages that show electronic communication harassment or threats.
- Witness statements from people who have seen or heard the violence.
Keep a record of dates, locations and any other information related to the incident in a safe place. The more information you provide, the stronger your case will be. However, even without evidence, you can still apply for an intervention order based on your testimony.
Conditions of the Intervention Order
When applying for an FVIO, you will be asked what conditions you want in the order to protect your personal safety and that of other family members. Common conditions include:
- Prohibition of contact with the protected person, including through phone calls, text messages, or other electronic communication.
- Exclusion of the respondent from the family home or a certain distance from the protected person.
- Restrictions on the respondent’s behaviour, including no use of force or threats or having others contact you on their behalf – or contacting people you know – can also be put into the conditions.
You may also request conditions that help you feel safe, such as no contact at your place of work or restrictions around jointly owned personal property.
Applying For An Intervention Order – The Court Process
The court process can be complex, but it is essential to follow the steps. If you are applying for an intervention order, you will first attend a hearing. This hearing is scheduled after the police serve the respondent with court documents and the hearing date is set. If the respondent does not attend, the Magistrate can make an order in their absence.
At the first hearing, the Magistrate will decide if an interim order should be granted and will set a date for the next court hearing. If the respondent contests the order, a contested hearing will be held.
Interim Intervention Orders
If immediate protection is needed, an interim order may be made at the first hearing if the court decides it is necessary. This temporary order provides protection until the Magistrate makes a final decision. It is important to attend the hearing process and be prepared to explain why the order is needed. The court registrar will help ensure that your address information and personal details are kept confidential, especially if you fear the respondent will find you.
Attending Court
You must attend the court hearing for the FVIO. Be prepared for the court to take most of the day. If the respondent is served and does not appear, a decision can still be made in their absence. The Magistrate will consider any evidence and make a decision about the final order.
If the respondent has used family violence or is likely to do so again, the Magistrate may make an order in your favour. If the respondent breaches the FVIO, they could be charged with a criminal offence.
Child Protection Orders and Family Violence Intervention Orders
If child protection orders are in place, or if child protection services (such as the Department of Health and Human Services) are involved, it’s crucial to inform the court and your lawyer. These orders may affect the conditions of the FVIO, especially if they involve the care of your children.
An intervention order is separate from a parenting order and may not address custody or visitation issues directly. It’s important to seek legal services for advice on how these orders may interact. Parenting orders can be updated to ensure children’s safety is prioritised.
After the Court Hearing
After the court hearing, the respondent can either agree to the order or contest it. If the order is made, the respondent must comply with the conditions, and if they breach the order, they may face criminal charges. If the respondent violates the conditions, you can contact the police immediately, and they will take action.
An FVIO remains in effect until it expires or is cancelled by a Magistrate. You can apply for variations or extensions if your circumstances change.
Support and Resources
Applying for an intervention order can be overwhelming, but there are many services to support you during the process:
- Support services include counselling, legal aid and domestic violence support groups that can offer advice and emotional support.
- 1800RESPECT (1800 737 732) provides confidential support, information, and counselling for people experiencing or at risk of domestic and family violence, including sexual assault.
- Victims of Crime Helpline (1800 819 817) is available to guide you through the legal process and provide further information on your rights.
It’s essential to feel safe and seek help from those who understand the legal system and your needs. For additional emotional and practical support, consider talking to a support worker, family member, or trusted friend.
If you are managing family violence and need assistance with applying for an intervention order or addressing family law issues such as parenting matters or property settlement, please get in touch with our family lawyers today.
