GOING TO COURT

A Guide for Affected Family Members seeking a Family Violence Intervention Order

Court hearings are both stressful and necessary when family violence is putting you and/or your children’s safety at risk. This resource has been designed to help you feel prepared for your day in Court so you can focus on getting the best outcome possible. It will cover:

Applying for a Family Violence Intervention Order (FVIO);
Getting ready;
Where to go and what to do;
Types of Hearings and Outcomes; and
What happens after the Hearings.

What is a Family Violence Intervention Order?

A Family Violence Intervention Order (FVIO) is a Court order that protects a person and their children from a partner or ex-partner, or other family member, who has used family violence. The people being protected are known as 'Affected Family Members' (AFMs), and the person using violence is know as the 'Respondent'.

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Types of FVIOs:

There are two types of Family Violence Intervention Orders:

An interim order – a temporary order the Magistrate makes if they believe a person needs protecting immediately. An interim order lasts until a Magistrate decides whether to make a final order. While the interim order is in place, the Respondent must follow its conditions. If they don't, the police might charge them with a criminal offence; or
A final order – an order made if a Magistrate believes the Respondent has used family violence and is likely to again. The order will last until the end date set by the Magistrate.

Applying for a Family Violence Intervention Order

There are two pathways to obtaining an FVIO. The first is a personal application where an individual directly applies. The second is a police application, when a member of the police makes the application on behalf of a person they determine needs protection.

Intervention Order Conditions:

The conditions listed on the application form for an intervention order include stopping the Respondent from:

Committing family violence against the protected person;
Intentionally damaging the protected person’s property or threatening to do so;
Attempting to locate or follow the protected person or keep them under surveillance;
Publishing on the internet or by email or other electronic communication any material about the protected person;
Contacting or communicating with the protected person by any means;
Approaching or remaining within a certain distance of the protected person;
Going to or remaining within a certain distance of where the protected person lives, works or attends school or childcare; and
Getting another person to do anything the respondent must not do under the order.

You can also ask the Magistrate to order the Respondent to:

Return your personal property and other jointly owned property that you or your children need to continue to work, study and live;

Hand in any guns or weapons to police; and/or
Suspend or cancel any firearms authority, weapons approval or weapons exemption.

If you have children, you can also ask the Magistrate to change (vary) or suspend a parenting order.

FVIOs and Child Protection:

If Child Protection have concerns for the safety of children, they may make recommendations about the types of conditions that you should be seeking on a FVIO. If these conditions are not included, they may make further applications in relation to the children through the Children’s Court. It’s important to seek legal advice if Child Protection is involved and you don’t agree with the conditions that they have requested.

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Getting Ready

You will receive the time and date of your hearing beforehand by post or email. Depending on the situation and the Court’s availability, your hearing may be scheduled for within a few days or you may need to wait longer, sometimes more than a month.

Where to go and what to do

On the day of your hearing, follow this process:

Arrive at Court before 9:30am.

You will go through security screening, so make sure you do not mistakenly have scissors or glass or other prohibited items in your bag.

See the Intervention Order Registry to let them know who you are and if you want, you can ask to see a duty lawyer.

The duty lawyer will call out your name to be assisted. The duty lawyer will ask you questions and let you know what your options are. They will then negotiate on your behalf with the other person or their representative putting forward your preferred option. Wait for your case to be called.

Go inside the Courtroom for your hearing.

Frequently asked questions

Types of hearings

Respondent options

During the interim, mention, direction and contested hearings the respondent has the opportunity to respond to the application being submitted against them.  

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What happens after my hearing?

If you feel unsafe after your hearing, let Court staff or security know. They can wait with you and escort you to your vehicle. 

Attending Court can be stressful. Ask a family member or friend to come with you to Court to provide emotional support while you wait for your hearing, or at least organise to see a family member or friend that night. If you have a counsellor, try and make an appointment for shortly after your hearing. Alternatively, you can speak to a counsellor for free by calling 1800 RESPECT (1800 737 732). 1800 RESPECT operates 24 hours per day, seven days per week.  

If you have ongoing legal issues related to divorce, child contact arrangements with the other party, child protection involvement, child support or any other legal problem, make a further appointment to see the NCLC lawyer. If you have been a victim of a crime, you may also be eligible for the Victims of Crime Financial Assistance Scheme. For further information contact the Victims Legal Service Help Line on 8610 9831 or email vlshelpline@vla.vic.gov.au .

What if the other party doesn’t comply with the order?

If you are protected by a FVIO it is important that you report any breaches to police as soon as possible. A breach of a FVIO is a criminal offence and serious penalties apply.

How do I change a FVIO?

Sometimes circumstances change, and you may wish to change the conditions of your order (known as varying, or a variation) or make an order last longer (known as extending, or an extension). You might also want to cancel the order (called revoking, or a revocation). You can make this application online here.

Key Contact Numbers:

Northern Community Legal Centre

(03) 9310 4376 or email admin@northernclc.org.au

Broadmeadows Magistrate’s Court

(03) 9087 5734