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:
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'.
Types of FVIOs:
There are two types of Family Violence Intervention Orders:
Preparing evidence to support your applicationYou will also need to prepare for your hearing by considering what evidence you can provide to the Court to support your application for protection. This may include:
· Test messages, emails, or letters;
· Reports to police;
· Witnesses;
· Medical records;
· Photos of injuries (time stamped); and/or
· Other legal documents such as previous orders.
Making arrangementsPlan to take the whole day off work and if you have children, make arrangements for childcare. There are now laws requiring your employer to provide family violence leave (click here to learn more about this).
There will be many hearings listed on the day and you may need to wait several hours until your case is called, so it’s a good idea to bring a book or something to do. You don’t need to wear a fancy suit to Court, but it’s important to dress tidily and look presentable.
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.
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.
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'.
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 OrderThere 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.
Police applicationsThese applications generally occur when police have been called out to an incident and believe it necessary for a person to be protected from a family member. These applications are completed by the police and there is no need for the person to apply on their own.
If the police make an application on your behalf they will contact you prior to your first hearing and provide you with information about what outcome they are seeking. If you disagree with the police position, you should speak to a duty lawyer on the day of your hearing for assistance. A duty lawyer will be able to negotiate with the police to reach a more suitable agreement for you. You have the right to attend Court even though the police are taking the order on your behalf. You can either attend Court in person, or request to attend remotely.
Personal applicationsYou can apply for an FVIO online by clicking the button below. If you are unable to complete the application online, or it is unsafe for you to do so, contact the Court on (03) 9087 5734 to discuss alternative options.
Please be aware that:- It is important to be as specific as possible in your application and provide dates, locations, forms of violence and how it has impacted you;
- If you are making a personal application, you must attend Court at each hearing, or your application may be struck out;
- If you require immediate protection, make sure this is stated in your application; and
- At this stage, it is important to consider what conditions may be appropriate for your situation.
Apply for FVIO- 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.
Getting ReadyYou 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. - Pre-court information form
- All parties (AFMs and Respondents) are required to complete a pre-court information form at least seven days prior to the hearing. This information tells the Court whether you want to appear online or in person, request legal assistance, request an interpreter, or would like to access Court support services.
- Attending online or in person
- If you are concerned about your safety at Court, you may prefer to attend online from home. Only AFMs are allowed to appear online. A Respondent is required to attend Court in person, unless the Magistrate grants them permission otherwise.
If you want to take part online, you need to be able to appear from a place where you feel safe, that is private, and has access to technology with a camera (for example a tablet or computer) and stable internet connection. The Court will send you a link with a time for when your matter is listed. You may not receive this until the night before, or even the morning of the hearing. If this is not received by 9:30am, contact the Court directly.
The general rule is to turn off your microphone and camera until you hear your name called. You will often hear other people's hearings before your own hearing. When your name is called, turn your camera and microphone on to let the Court know you are there.
The Court will provide a time for your online appearance (for example, 11am), however your matter might not be heard at this time, and you may be waiting many hours. This is important to consider when choosing an appropriate and safe space for you to participate in the hearing.
Accessing legal assistance at the Court- Early Resolution Service (ERS)
If you request legal assistance on your pre-court engagement form, you may be referred to the Early Resolution Service, also known as the Pre-Court Engagement Service, available at the Broadmeadows Court. You can also access this service by calling the Court. The service has been designed to allow lawyers to engage early and negotiate with the other party so that you may reach a resolution prior to the day of the hearing. For example, they may reach an agreement with the other party about the types of conditions to be included in the order. More information about this service is available here.
Duty Lawyer Service
The NCLC Duty Lawyer Service provides free legal advice and assistance to family members affected by family violence on the day of their hearing. The Registry will direct you to the duty lawyer when you attend the Court. In addition to providing legal advice, they will be able to negotiate with the other party at Court or appear for you (speak on your behalf in the Courtroom). They can also advocate on your behalf with police if they have applied for the order and you disagree about the proposed outcome. As duty lawyers often assist up to ten people in one day, you may need to wait to be seen by the lawyer.
Sometimes there is no duty lawyer available at the Court. If this happens and you still want legal advice, you can let the Magistrate know at the start of your hearing and they will decide whether to ‘adjourn’ (reschedule) your Court matter to a different day. - Requesting an interpreter
- If you speak a language other than English you can request an interpreter. This is a free service. If the interpreter is not available, you can request that the hearing is moved (adjourned) to another date so that the interpreter is available. It is important that you understand everything that is taking place on the day of your hearing.
Preparing evidence to support your applicationYou will also need to prepare for your hearing by considering what evidence you can provide to the Court to support your application for protection. This may include:
· Test messages, emails, or letters;
· Reports to police;
· Witnesses;
· Medical records;
· Photos of injuries (time stamped); and/or
· Other legal documents such as previous orders.
Making arrangementsPlan to take the whole day off work and if you have children, make arrangements for childcare. There are now laws requiring your employer to provide family violence leave (click here to learn more about this).
There will be many hearings listed on the day and you may need to wait several hours until your case is called, so it’s a good idea to bring a book or something to do. You don’t need to wear a fancy suit to Court, but it’s important to dress tidily and look presentable.
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.
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