Family Violence Intervention Orders | Victoria
If you are considering applying for a family violence intervention order, or you have received an application or order, it helps to understand what happens next. The conditions of an order can affect contact, living arrangements and time with children, so it is important to read any documents you receive carefully and obtain advice about your circumstances.
What is a family violence intervention order?
A family violence intervention order (FVIO) is a court order intended to protect a person from family violence by a family member, partner or former partner. It can include conditions about the respondent's behaviour, such as prohibiting family violence, contact with the protected person or attendance at particular places. The court decides which conditions are appropriate in the circumstances.
Under Victoria's Family Violence Protection Act 2008, family violence includes physical or sexual abuse, emotional or psychological abuse, economic abuse, threatening or coercive behaviour, and behaviour that controls or dominates a family member and causes fear for their safety or wellbeing. The law also recognises the impact on children who hear, see or are otherwise exposed to family violence.
An affected family member can apply for an FVIO. Police can also make an application, including in circumstances where the affected family member does not wish to apply. In some cases, another eligible person may apply on someone's behalf. The meaning of “family member” under the Act extends beyond spouses and relatives and can include a person treated as a family member in the circumstances.
Interim orders
The court may make an interim FVIO to provide protection while the application is being decided. An interim order can be made before the respondent has had an opportunity to attend court. It remains important to check the terms and the date of the next hearing: an interim order is enforceable while it is in effect.
If an interim order is made against you, follow every condition even if you dispute the allegations. Seek advice promptly about the application and the next court date. Do not assume that an existing arrangement about the home or children permits contact that the order prohibits.
Final orders
Following a contested hearing, the court can make a final FVIO if satisfied that the respondent has committed family violence and is likely to do so again. A final order may also be made by consent or where the respondent does not oppose the application. The court decides the conditions and duration needed to protect the affected family member.
An FVIO is a civil order, so the making of an order does not itself amount to a criminal conviction. Breaching an interim or final order can, however, lead to criminal charges. Any separate criminal allegations are dealt with separately.
What happens at court?
The first court date is usually a short hearing at which the court considers the immediate position and what needs to happen next. A matter may resolve at an early hearing, or be adjourned for further information, legal advice or negotiations. If the application remains disputed, the court can give directions and list a contested hearing.
At a contested hearing, the court hears evidence and decides whether to make a final order. There are special rules about cross-examining a protected witness in family violence proceedings; a party should not assume they can question the other person directly. The number and type of hearings depend on the case.
Can the matter resolve without a contested hearing?
Possible outcomes include:
A final order by consent. A respondent may agree to an order without admitting the allegations. The court still decides whether to make the order and on what terms. Its conditions are enforceable.
An undertaking. This is a written promise about future behaviour agreed between the parties. It is not a court order and police cannot enforce it as an FVIO. If the promise is not kept, a fresh application for an order may be made.
Withdrawal of the application. An applicant may seek to withdraw, but withdrawal requires the court's permission. Where police are the applicant, the affected family member cannot withdraw the police application on their own.
The right approach depends on the safety issues, the evidence and the practical effect of any proposed terms. If parenting arrangements or other court orders are involved, obtain advice about how they interact with an FVIO before agreeing to conditions.
Getting legal advice
Whether you are seeking protection or responding to an application, early advice can help you understand the allegations, the available options and the effect of any proposed order. Baird & McGregor can advise and represent clients in family violence intervention order proceedings. Contact our team to discuss your circumstances.