Family Violence

Guide on Family Violence Intervention Orders (FVIOs)

Family violence is a serious issue that affects many individuals and families. If you find yourself in need of protection, understanding the Family Violence Intervention Orders (FVIOs) in Victoria is crucial. This guide aims to help victims of family violence, legal professionals, and those involved in FVIO disputes in Melbourne. Let’s break down everything you need to know.

Definition and Purpose

Family Violence Intervention Orders (FVIOs) are court orders designed to protect family members from violence, threats, and abusive behaviours within familial or domestic relationships. The primary goal of FVIOs is to ensure the safety and well-being of individuals at risk of family violence.

Who Can Apply

Applications for FVIOs can be made by:

• The affected family member.
• Police on behalf of the affected family member.
• Any other person with the leave of the court.

Protected Persons: FVIOs can protect current or former partners, children, relatives, and individuals in family-like relationships.

Types of Orders

Interim Orders

These provide immediate short-term protection until a final decision is made. They are typically issued to address urgent safety concerns.

Final Orders

These offer longer-term protection, typically lasting up to 12 months, but can be extended if necessary.

Prohibited Behaviours

FVIOs can restrict various actions, including:

• Physical violence
• Emotional abuse
• Economic abuse
• Threatening or coercive behaviour

Common Conditions

Orders may prohibit the respondent from:

• Approaching the protected person
• Contacting the protected person
• Coming near specified locations like home or workplace

The Legal Process

Navigating the legal process can be daunting, but understanding each step can help:

1. Filing Applications: The process begins with filing an application at the Magistrates’ Court.
2. Court Hearings: Representing clients in court hearings is a critical part of the process.
3. Evidence Requirements: Building a strong case often requires substantial evidence. Gather and present compelling evidence effectively.
4. Safety Planning: Beyond legal representation, develop comprehensive safety plans and connect with support services.

Impact on Family Law Matters

FVIOs can significantly affect other family law proceedings, such as divorce and child custody arrangements. It’s essential to understand how these orders interact with broader family law issues. Violating an FVIO is a criminal offence. It’s vital to report breaches immediately and work with law enforcement to ensure the order’s enforcement. Circumstances may change, requiring modifications to existing orders. You can apply for variations or revocations when appropriate to reflect the new circumstances.

Children and FVIOs

Special considerations apply when children are involved. Ensuring their safety and best interests are always prioritised in all FVIO matters is crucial.