Family Violence Intervention Orders in Victoria: A Practical Guide

What Is a Family Violence Intervention Order?

A Family Violence Intervention Order is a civil order made by the Magistrates' Court of Victoria to protect a person from family violence by another person with whom they have a family relationship.

The person seeking protection is the affected family member. The person against whom the order is sought is the respondent. The order can prohibit a wide range of conduct and, in many cases, impose strict conditions on where the respondent can go and how (if at all) they can communicate with the protected person.

Who Can Apply?

An application for an FVIO may be made by:

• the affected family member;
• Victoria Police on the affected family member's behalf;
• a parent or guardian, where the affected person is a child; or
• another person with written authority to do so.

In urgent circumstances, police can apply for a Family Violence Safety Notice, which provides immediate protection pending the first court hearing.

Who Is a Family Member?

The Act defines "family member" broadly to reflect the reality of contemporary family relationships. It includes:

• spouses;
• former spouses;
• de facto partners;
• former de facto partners;
• people in or who have been in an intimate personal relationship;
• relatives, including parents, children, siblings, grandparents, in-laws and step-relatives;
• children of any of the above;
• people who treat each other as family members in their day-to-day life — for example, certain household and caring relationships.

What Is Family Violence?

Family violence is defined broadly. It is not limited to physical violence. It includes:

• physical abuse;
• sexual abuse;
• emotional or psychological abuse;
• economic abuse;
• coercive or controlling behaviour;
• threats — including threats to harm a person, a child, a pet or property;
• behaviour that causes a child to hear, witness or otherwise be exposed to the effects of family violence.

The breadth of the definition matters. Conduct that does not involve physical violence can still ground an order, particularly where it is part of a pattern.

Interim Family Violence Intervention Orders

An interim order is a temporary order made by the court before the final hearing. It may be made where the court is satisfied that it is necessary, pending a final decision:

• to ensure the safety of the affected family member;
• to preserve their property; or
• where otherwise appropriate.

An interim order takes effect once served on the respondent and remains in force until the court makes a final decision or further orders. Importantly, a breach of an interim order is a criminal offence.

Final Family Violence Intervention Orders

A final order is made where the matter is resolved on a final basis — either by consent (often without admissions), by undertaking, or following a contested hearing.

At a contested final hearing, the Magistrate considers evidence from both parties. The court applies the civil standard of proof — the balance of probabilities — not the criminal standard of beyond reasonable doubt.

Conditions of an Intervention Order

The conditions of an order are tailored to the circumstances, but commonly include prohibitions against:

• committing family violence against the protected person;
• approaching, contacting or communicating with the protected person, including by telephone, text, email or social media;
• attending the protected person's home, workplace, school or other specified locations;
• damaging or interfering with the protected person's property;
• publishing information about the protected person online; and
• possessing a firearm or weapon.

The court may also exclude the respondent from a shared residence, even where they hold a legal or equitable interest in the property.

Children and Intervention Orders

Where children have been exposed to family violence, they can be named as protected persons under an FVIO. The conditions of the order — particularly any about contact or communication — must be considered carefully alongside any existing or proposed parenting arrangements under the Family Law Act 1975 (Cth).

For background on the family-law side of this intersection, see our article on parenting arrangements after separation.

Contesting an Intervention Order

A respondent who disputes the application has several options at the first mention, including to:

• Consent without admissions: agree to the order being made without admitting the allegations. This is often used to avoid a contested hearing while preserving the respondent's position.
• Negotiate conditions: agree to a narrower set of conditions than those originally sought.
• Contest the application: dispute the application and proceed to a contested hearing.
• Offer an undertaking: in limited circumstances, give a written undertaking to the court instead of an order.

Each option has different implications — for the respondent's record, for any family law proceedings and for practical matters such as housing and employment. Legal advice should be obtained before any of these steps are taken.

How Long Does an Intervention Order Last?

There is no fixed statutory period. The court decides the length of the order based on the circumstances, the evidence of family violence and the assessment of ongoing risk. Orders commonly run for 12 months, although longer periods are not unusual where the court considers continuing protection is necessary. Orders can later be varied, revoked or extended on application.

What Happens if an Intervention Order Is Breached?

A breach of an FVIO — whether interim or final — is a criminal offence. Police can arrest, charge and prosecute the respondent. Possible consequences include:

• fines;
• community correction orders;
• imprisonment;
• a criminal record; and
• significant flow-on effects for employment, professional registration, firearms licences and family law proceedings.

Even apparently minor breaches — such as a single text message — can result in charges. Respondents should make sure they understand every condition of the order and obtain advice if they are unsure.

When Should You Obtain Legal Advice?

Whether you are seeking protection or responding to an application, early legal advice can have a significant impact on the outcome. It is particularly important where:

• children are involved;
• there are concurrent family law proceedings, property or parenting issues;
• the respondent holds a firearms licence or works in an occupation affected by an order;
• there are related criminal charges; or
• the order would exclude the respondent from a shared home.

Parke Lawyers acts for both applicants and respondents in Family Violence Intervention Order matters across Victoria. See our Family Law service for the broader practice, or our Criminal & Traffic service where related charges are involved.

Frequently Asked Questions