Family violence involves harmful behaviors used to control, dominate, or intimidate a family member. This includes physical, emotional, psychological, sexual, or financial abuse, as well as coercive or controlling behaviours. Even property damage or exposing children to family violence—such as hearing, witnessing, or being present during such incidents—is covered under the law.
Under Victorian law, Family Violence Intervention Orders (FVIOs) protect a wide range of people, including current and former partners, relatives, and those recognised as family through cultural traditions. These orders aim to safeguard anyone at risk of family violence, regardless of the nature of the relationship.
Family Violence Intervention Order (FVIO) is a legal tool designed to protect individuals who have experienced family violence. The primary purpose of an FVIO is to ensure the safety and wellbeing of the victim(s) while preventing the perpetrator from engaging in further abusive behaviour. It does this by placing specific restrictions and conditions on the person responsible for the family violence.
These conditions can include:
The application process starts by filling out an application form, providing information about the nature of the family violence and the desired intervention order’s conditions. This form is then submitted to the local Magistrates’ Court, where a date for a hearing will be scheduled.
At the hearing, the Magistrate will consider the evidence, listen to the applicant’s testimony, and determine if an intervention order should be granted. If the Magistrate believes there are sufficient grounds to grant the order, an interim order may be issued immediately to provide temporary protection until a final decision is made.
The perpetrator will then be notified of the interim order and has the opportunity to contest it at a further hearing. If they do not contest, the final order will be made, and the FVIO’s conditions will remain in effect for a specific duration or indefinitely.
Family Violence Intervention Orders (FVIOs) in Victoria hold a unique dual nature—they are civil orders by law, but any breach turns them into serious criminal matters. Understanding this distinction is crucial, as the consequences can extend far beyond the courtroom.
Dealing with a Family Violence Intervention Order can be stressful, but the process doesn’t have to be confusing. Shamac Lawyers provides clear, strategic guidance at every stage of your case.
Whether you’re applying for an order or defending against one, Shamac Lawyers is here to provide professional, compassionate support. Book a consultation today, and let us help you achieve the best outcome for your situation.
Our Melbourne lawyers provide confidential and practical advice on Family Violence Intervention Orders. Contact us today to protect your rights and safety.
