Family Violence Intervention Orders: Your Rights

Family Violence Intervention Orders (FVIOs) are legal tools designed to protect individuals and their children from family violence. Understanding how these orders work, your rights, and the application process is essential for ensuring your safety and that of your loved ones. This guide provides comprehensive information about FVIOs in Victoria.

What is a Family Violence Intervention Order?

An FVIO is a court order made by a magistrate to protect a person (the "protected person") from a family member who has used family violence (the "respondent"). The order contains conditions to stop the respondent from committing family violence.

What Constitutes Family Violence?

Family violence includes:

• Physical abuse or threats
• Sexual abuse or coercion
• Emotional or psychological abuse
• Economic abuse (controlling finances)
• Threatening behavior
• Coercive or controlling behavior
• Behavior causing a child to see, hear or be exposed to family violence

Who Can Apply?

• The person experiencing violence (affected family member)
• Victoria Police on behalf of the affected person
• A guardian or parent (for children under 18)
• Any other person with the court's permission

Types of Intervention Orders

1. Interim (Temporary) Orders

Immediate protection while waiting for a final order:

• Can be made on the day of application
• Usually lasts until the final hearing
• Can be made without the respondent present
• Takes effect when served on the respondent

2. Final Orders

Long-term protection after a court hearing:

• Made after considering all evidence
• Can last for a specified period or indefinitely
• Both parties usually have opportunity to be heard
• Can be varied or revoked by the court

The Application Process

Step 1: Making an Application

You can apply for an FVIO at:

• Your local Magistrates' Court
• Through Victoria Police
• Some courts have specialist family violence registrars
• Applications can be made online in some circumstances

Step 2: What to Include

Your application should detail:

• Your relationship to the respondent
• Incidents of family violence (dates, times, details)
• Any witnesses to the violence
• Previous police involvement
• Children's exposure to violence
• What conditions you want in the order

Step 3: Court Process

1. First mention: Initial court appearance, interim order may be made
2. Directions hearing: Court sets timeline for final hearing
3. Contested hearing: If respondent disputes the order
4. Final order: Magistrate makes decision

Common Conditions in FVIOs

Prohibited Behaviors

• Must not commit family violence
• Must not damage property
• Must not threaten or intimidate
• Must not get others to do prohibited acts

Distance Restrictions

• Stay away from home, work, or school
• Maintain specified distance (e.g., 200 meters)
• Not approach in public places
• Exceptions may apply for court proceedings

Communication Restrictions

• No contact by phone, email, or social media
• No contact through third parties
• Exceptions may exist for children's matters
• May allow contact through lawyers only

Your Rights as an Applicant

During the Process

• Right to legal representation
• Access to court support services
• Request remote attendance if safety concerns
• Have a support person present
• Access to interpreters if needed

Safety Measures

• Separate waiting areas at court
• Protected witness facilities
• Option to give evidence via video link
• Court security assistance

If You're Named as a Respondent

Your Rights

• Right to legal advice and representation
• Opportunity to respond to allegations
• Can consent without admissions
• Can contest the order
• Can apply to vary or revoke orders

Important Considerations

• Orders take effect immediately upon service
• Breaching an order is a criminal offense
• May affect family law proceedings
• Can impact employment in certain fields

Children and FVIOs

Protection for Children

Children can be included as protected persons:

• Automatically included if under 18 and family members
• Court considers best interests of the child
• May include conditions about parenting time
• Child protection services may be involved

Impact on Parenting Arrangements

• FVIO conditions override family court orders
• May need supervised changeovers
• Can specify communication about children
• Court can make exceptions for parenting

Breaches and Enforcement

What Constitutes a Breach?

Any violation of order conditions, including:

• Attempted contact when prohibited
• Coming within restricted distance
• Indirect contact through others
• Any act of family violence

Reporting Breaches

1. Call 000 if in immediate danger
2. Report to police as soon as possible
3. Keep evidence (messages, photos, witness details)
4. Police must investigate and can arrest

Penalties for Breaches

• Criminal charges with serious penalties
• Up to 2 years imprisonment
• Significant fines
• May lead to stricter order conditions

Support Services Available

Legal Support

• Victoria Legal Aid
• Community Legal Centres
• Women's Legal Service Victoria
• Court-based family violence duty lawyers

Practical Support

• Safe Steps Family Violence Response Centre
• Orange Door support hubs
• Specialist family violence services
• Emergency accommodation services

Counseling and Recovery

• 1800RESPECT counseling line
• Kids Helpline for children
• Men's Referral Service
• Specialist trauma counseling

Important Tips

1. Document everything: Keep records of incidents, dates, witnesses
2. Safety first: Have a safety plan before taking action
3. Get support: Don't go through this alone
4. Be honest: Provide accurate information to the court
5. Follow through: Attend all court dates
6. Know your rights: Seek legal advice early

Moving Forward

Obtaining an FVIO is often the first step in breaking the cycle of family violence. While the process can feel overwhelming, remember that support is available at every stage. The legal system recognizes the serious nature of family violence and provides these orders as a crucial protection mechanism. Melbourne collaborative law practitioners and Footscray family lawyers can provide specialized assistance for families in Western Melbourne.

Whether you're seeking protection or responding to an application, understanding your rights and the process helps ensure the best possible outcome for all involved, especially children who may be affected by family violence.