Understanding Family Violence Orders (FVO)
A Family Violence Order (FVO) is a legal tool designed to protect individuals from family violence, typically issued by a court to prevent an abusive person from committing further acts of violence.
It outlines conditions that restrict the behaviour of the alleged perpetrator, providing safety and security for those who are at risk of harm.
FVOs are typically sought by victims of domestic abuse, and the legal process varies across Australian states and territories.
Key takeaway: A Family Violence Order provides legal protection from abuse by setting restrictions on the abuser’s behaviour.
What Is Family Violence?
Family violence encompasses various forms of abusive behaviour that occur within family relationships.
It includes physical, emotional, psychological, and financial abuse, as well as coercive control.
While the term is often used interchangeably with domestic violence, family violence has a broader definition, including violence between extended family members and carers.
Key takeaway: Family violence is not limited to physical abuse but includes a wide range of controlling and harmful behaviours within familial relationships.
Applying for a Family Violence Order
If you are experiencing family violence, you can apply for a Family Violence Order through the Magistrates’ Court in your state or territory.
Typically, the process involves completing an application form and providing evidence of the abuse.
The court may issue an interim order to offer immediate protection, with a final order being made after a hearing where both parties can present their case.
Key takeaway: Applying for a Family Violence Order involves a legal process where the court assesses the need for protective measures based on the presented evidence.
Conditions of a Family Violence Order
The conditions included in a Family Violence Order will depend on the specific circumstances of each case.
Common conditions might include prohibiting the abuser from contacting or approaching the victim, requiring them to move out of the shared home, or preventing them from committing further acts of violence.
Violating these conditions is a criminal offence and can result in arrest.
Key takeaway: The conditions of an FVO are tailored to the situation and aim to protect the victim by restricting the abuser’s actions.
Who Can Apply for a Family Violence Order?
Anyone who has experienced family violence can apply for an FVO, including children and those who may be in a carer’s relationship. In some cases, police officers may apply on behalf of a victim if they believe the person is in immediate danger.
Family members, neighbours, or support workers can also assist in applying for the order if the victim cannot do so themselves.
Key takeaway: Family Violence Orders are available to anyone who has been subjected to family violence, including children, and may also be initiated by police or other support parties.
Breaching a Family Violence Order
Breaching the terms of a Family Violence Order is a serious offence in Australia. If an abuser violates the conditions, such as attempting to contact the victim or entering restricted areas, they may face criminal charges.
The court takes these breaches seriously, and penalties can include fines or imprisonment, depending on the severity of the violation.
Key takeaway: Breaching an FVO is a criminal act, and offenders may face penalties such as fines or imprisonment for failing to adhere to the order’s conditions.
How Long Does a Family Violence Order Last?
The duration of a Family Violence Order varies depending on the jurisdiction and the specifics of the case. Interim orders typically last until a court hearing, while final orders can be made for several months or even years.
In some cases, orders can be extended if the threat of violence persists or there is a need for ongoing protection.
Key takeaway: The duration of an FVO can vary, with interim orders providing immediate protection and final orders offering long-term security based on the case.
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.
