A Family Violence Intervention Order (FVIO) application is a legal process through which individuals seek protection from family violence.
An FVIO is designed to protect a person, their children, and their property from harm by another family member.
This application can be made directly by the affected person or on their behalf by the police.
Once granted, the order imposes conditions on the respondent (the person the order is against) to prevent further violence or harassment.
Key Takeaway: A Family Violence Intervention Order application is a legal step to protect individuals and their loved ones from family violence, ensuring their safety through court-imposed conditions.
Who Can Apply for a Family Violence Intervention Order?
Any person experiencing family violence can apply for a Family Violence Intervention Order. This includes spouses, de facto partners, children, and other family members.
In some cases, police officers may apply for an FVIO on behalf of a person they believe to be at risk. The application can be made regardless of whether the applicant is currently living with the respondent or not.
Key Takeaway: Anyone affected by family violence, whether currently cohabitating with the respondent or not, can apply for a Family Violence Intervention Order.
Also read: Making a Statement to Police About Domestic Violence
How to Apply for a Family Violence Intervention Order
Applying for a Family Violence Intervention Order typically involves the following steps:
- Filing an Application: The application is usually filed at the Magistrates’ Court. You can do this in person or, in some cases, online. The application form requires details about the nature of the violence, the relationship between the parties, and any specific incidents of concern.
- Interim Order: If there is an immediate risk of harm, the court may issue an interim order, which provides temporary protection until the full hearing can take place.
- The Hearing: Both the applicant and the respondent will be required to attend a court hearing. During the hearing, a magistrate will consider the evidence presented and decide whether to issue a final FVIO.
- Final Order: If the court is satisfied that there is a need for ongoing protection, a final order will be made. This order will set out the conditions that the respondent must comply with, such as not contacting the applicant or being near their home or workplace.
Key Takeaway: The FVIO application process involves filing a form, possibly receiving an interim order, and attending a court hearing where a final order may be issued if necessary.
Also read: What Happens at a Final Restraining Order Hearing
What Happens After a Family Violence Intervention Order Is Issued?
Once a Family Violence Intervention Order is issued, the respondent must adhere to the conditions set by the court.
Violating these conditions is a criminal offence and can result in arrest, fines, or imprisonment.
The order remains in effect until the court sets its expiration date, which can be extended if necessary.
Key Takeaway: An FVIO imposes legal obligations on the respondent, and breaching these conditions can lead to serious legal consequences.
Also read: Domestic Violence Emergency Housing
Responding to a Family Violence Intervention Order Application
If you are the respondent in a Family Violence Intervention Order application, it is important to understand your rights and obligations.
You will receive a copy of the application and the interim order (if one has been made). It is advisable to seek legal advice immediately.
You will have the opportunity to present your case during the court hearing. If you disagree with the allegations, you can contest the order.
However, failing to comply with the interim order before the hearing can result in legal penalties.
Key Takeaway: Respondents should seek legal advice and prepare to present their case in court, as failing to comply with an FVIO can have serious legal implications.
Also read: Application and Summons for Intervention Order
Can a Family Violence Intervention Order Be Changed or Cancelled?
A Family Violence Intervention Order can be varied, extended, or revoked, but this requires a further court application.
Both the applicant and the respondent can request changes to the order if circumstances change.
For example, the applicant might seek to extend the order if they believe the risk of violence persists, or the respondent might ask for the order to be amended if they believe the conditions are too restrictive.
Key Takeaway: Both parties have the right to request changes to an FVIO, but any modification must be approved by the court.
Legal Support and Resources
Applying for or responding to a Family Violence Intervention Order can be challenging, but legal support is available.
Legal aid services, community legal centres, and private solicitors can offer advice and representation throughout the process.
Additionally, many courts provide support services, such as liaison officers and counsellors, to assist applicants and respondents.
Key Takeaway: Legal and support services are available to assist both applicants and respondents in navigating the FVIO process effectively.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
