Family Violence Intervention Orders: Victoria
Family Law Intervention Order
A court order known as a family law intervention order is made to safeguard a person from familial violence. The respondent is required by the order to carry out or refrain from carrying out the stated action. A family violence intervention order is referred to in the Act as either a final order or an interim order. A final order is one that has been affirmed by the County Court or Supreme Court. A final order is one that has been issued under Sections 74, 76, 77, 77A, or 77B and may have been modified or extended under Sections 100, 119(2)(c), or 173(2).
Depending on the circumstances, the law may compel the respondent to:
- discontinue the behaviour;
- refrain from contacting or speaking with the protected person; or arrange for someone else to do it on their behalf.
- refrain from contacting to or being close to the protected person.
The magistrate has additional powers, including the ability to revoke or suspend the respondent’s firearms permits.
You can apply for a family violence intervention order without appearing in court (FVIO). For an FVIO to be heard at all court sites, you can submit an online application.
If the following conditions are met, the magistrate will recite the terms of the order in court if an FVIO is issued:
- the respondent has victimised you in a family violence incident;
- the respondent’s behaviour is likely to occur again; and
- you fear for your safety, a magistrate may issue a final or interim FVIO.
After the hearing, a registrar will give you a copy of the FVIO. You can appeal the magistrate’s ruling to the County Court of Victoria if you disagree with it.
Conditions will be included with the order. Conditions are guidelines that limit how the respondent acts. The requirements are there to safeguard the applicant and the other family members named in the order.
Interim intervention orders are made to offer an affected family member immediate, temporary protection. Without providing the respondent with adequate notice or an opportunity for a complete hearing, the orders may be imposed ex parte.
The court may issue an interim intervention order if one or more of the following conditions are met: the parties agree to the making of the interim order or do not object to its issuance; a family violence safety notice has been issued; and there are no circumstances that would allow protection to be discontinued until the court makes a final decision on the application (FVPA s 53).
For more information on Family Law Intervention Orders, visit our Family Law Intervention Orders: Victoria page.
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