What is an FVIO?

A Family Violence Intervention Order (FVIO) is a court order designed to ensure the safety of affected family members, their children, and property from family or domestic violence. It is a legal document that requires the person using family violence (respondent) to comply with specific conditions.

Who Can Apply?

Applications can be made by:

• Spouse or de facto partner
• Children
• Other family members experiencing family violence
• Police on behalf of affected family members

Application Requirements

When applying for an FVIO, you need to provide:

• Respondent’s information (name and address)
• Details of the respondent’s behavior and why you believe it might happen again
• Names and birth dates of children and other family members requiring protection
• Desired conditions for the order

Legal Requirements

The magistrate must be satisfied of two requirements:

• The respondent has committed family or domestic violence
• The respondent is likely to continue this behavior

Possible FVIO Conditions

• Prohibition of family violence against the protected person
• Exclusion from the protected person’s residence
• Restricted access to specific premises or areas
• Prohibition of contact or communication
• Directions regarding property use
• Restrictions on publishing material about the protected person
• Firearms license revocation or suspension

Types of Orders

Interim FVIO

A temporary order placed by the Magistrates Court to ensure immediate safety, preserve property, or protect children of affected family members.

Final FVIO

A longer-term order made by the Magistrates Court for a specified period, with duration agreed between parties but ultimately decided by the court.

Alternative Options

Undertaking

A non-legally binding agreement between parties. While breaches don’t result in criminal consequences, affected parties can return to court if the undertaking isn’t complied with.

Cross Application

Respondents can file their own application, which may lead to negotiated agreements or mutual undertakings.