Information Centre · Family Law
Family Violence Intervention Orders in Victoria: A Practical Guide
A neutral guide to how Family Violence Intervention Orders work under the Family Violence Protection Act 2008 (Vic): who can apply, the tests for interim and final orders, conditions, breach and the interaction with parenting orders under the Family Law Act 1975 (Cth).
Key points
- A Family Violence Intervention Order under the Family Violence Protection Act 2008 (Vic) is a civil order made by the Magistrates' Court (or Children's Court) that imposes conditions on a respondent to protect an affected family member from family violence as defined in the Act.
- Family violence and family member are defined broadly and are not limited to physical assault or to spouses; economic, emotional and psychological abuse and coercive or controlling behaviour may fall within the definition on the evidence.
- A police family violence safety notice, an application, an interim order and a final order are distinct instruments with different tests, timeframes and procedures; an interim order requires the statutory test to be met and takes effect when served in accordance with the Act.
- A final order may be made by consent, with or without admissions, or after a contested hearing on the civil standard; conditions are tailored to the risk and to what is necessary to protect the affected family member and may include exclusion, contact, distance, firearms and other conditions permitted by the Act.
- Contravention of an FVIO is a criminal offence under the Family Violence Protection Act; the specific offence, fault or knowledge elements, penalty and any criminal record depend on the conduct, the charge, any repeat or aggravated provisions and the outcome of the proceeding.
- Sections 68P to 68T of the Family Law Act 1975 (Cth) govern the interaction between FVIOs and Family Law Act parenting orders, and the National Domestic Violence Order Scheme provides for national recognition of Victorian family-violence orders in accordance with current law.
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Family Violence Intervention Orders (FVIOs) are civil orders made by the Magistrates' Court of Victoria under the Family Violence Protection Act 2008 (Vic) to protect a person from family violence by a family member. This article sets out how the orders work, described neutrally against the Act and the Court's current guidance. It is general information about Victorian law and is not legal advice for a particular situation.
This guide addresses who can apply, the tests the Court applies, the conditions that can be included, the interaction with parenting orders under the Family Law Act 1975 (Cth), and the consequences of breach. Anyone considering, responding to or affected by an FVIO application should obtain advice tailored to the facts of the matter.
What Is a Family Violence Intervention Order?
An FVIO is a civil order made under the Family Violence Protection Act 2008 (Vic). The person seeking protection is the affected family member. The person against whom the order is sought is the respondent. The order can contain conditions the Act permits, tailored to the circumstances. A separate mechanism — a Family Violence Safety Notice, issued by a police officer in the circumstances the Act allows — provides for immediate protection and operates as an application for an FVIO pending the first mention at Court.
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
Section 53 of the Family Violence Protection Act 2008 (Vic) provides the alternatives on which the Court may make an interim order pending the final decision:
- Section 53(1)(a): the Court must be satisfied on the balance of probabilities that an interim order is necessary, pending a final decision, to ensure the safety of the affected family member, to preserve any property of the affected family member, or to protect an affected family member who is a child from being subjected to family violence;
- Section 53(1)(b): the parties to the proceeding consent to, or do not oppose, the making of the interim order; or
- Section 53(1)(c): a family violence safety notice has been issued and the Court is satisfied on the balance of probabilities that there are no circumstances that would justify discontinuing the affected family member's protection until a final decision is made.
Section 54 permits the Court to make an interim order whether or not the respondent has been served with the application and whether or not the respondent is present. When an interim order takes effect, when it is served and when it becomes enforceable are governed by the service and commencement provisions of the current Act. Contravention of an interim order is a criminal offence under the Act, in the terms the offence provisions require.
Final Family Violence Intervention Orders
A final order may be made where the matter is resolved on a final basis — by consent, with or without admissions, or following a contested hearing. An undertaking is a distinct possible resolution: it is a promise given by the respondent to the Court in the terms of a written document, and is not itself an intervention order and is not enforceable as one.
At a contested final hearing, the Court applies the civil standard of proof — the balance of probabilities — rather than the criminal standard. A consent order made without admissions is enforceable according to its terms in the same way as any other final order.
Conditions of an Intervention Order
The Act permits the Court to make conditions tailored to the circumstances and to the safety and other purposes the Act requires. Depending on the case, conditions may include:
- prohibiting family violence against the protected person;
- prohibiting the respondent from approaching, contacting or communicating with the protected person, including by telephone, text, email or social media;
- prohibiting the respondent from attending the protected person's home, workplace, school or other specified locations;
- prohibiting damage to or interference with the protected person's property;
- prohibiting publication of information about the protected person; and
- orders concerning firearms and weapons.
The Court may also exclude the respondent from a shared residence where the Act permits, including in some circumstances where the respondent holds a legal or equitable interest in the property. Not every order contains every condition; conditions are drafted to fit the case.
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, and for the interaction between intervention orders and parenting orders under the Family Law Act 1975 (Cth), see our specialist guide.
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, on the basis that the making of the order does not involve any admission of the alleged conduct.
- 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: give a written undertaking to the Court as a separate resolution; an undertaking is not an intervention order and is not enforceable as one.
Each option has different implications — for the respondent's record, for any family-law proceedings and for practical matters such as housing and employment.
How Long Does an Intervention Order Last?
The Act does not fix a standard duration. The Court decides the duration of a final order based on the evidence and the circumstances of the case. Orders can be extended, varied or revoked on application in accordance with the Act. Appeals and rehearings are available in defined circumstances and are subject to the applicable procedural requirements.
What Happens if an Intervention Order Is Breached?
Contravention of an FVIO — whether interim or final — is a criminal offence under the Family Violence Protection Act 2008 (Vic). The specific offence, any repeat or aggravated offence provisions, and the applicable penalty depend on the conduct and on the charge that is laid. Any conviction and the practical consequences — which may include effects on employment, professional registration, firearms and family-law proceedings — depend on the outcome of the criminal proceeding. A breach is not automatically a conviction; the criminal proceeding determines that question.
Where a respondent is unsure whether particular conduct is inconsistent with an order, the responsible course is to obtain advice before engaging in the conduct. Conditions vary and can be strict; a technical contravention can be sufficient to attract a charge.
National Recognition of Orders
The National Domestic Violence Order Scheme provides for mutual recognition of Australian family and domestic-violence orders across states and territories, in accordance with the applicable legislation. Whether and how a Victorian FVIO is recognised or enforced in another jurisdiction depends on that legislation and on the terms of the order.
Related Parke Lawyers services
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
What is a Family Violence Intervention Order?
A Family Violence Intervention Order (FVIO) is a civil order made by the Magistrates' Court of Victoria under the Family Violence Protection Act 2008 (Vic) to protect an affected family member from family violence by a respondent with whom they are in a family relationship. The Court can also make an interim order pending final hearing.
Who is a family member and what is family violence?
The Act defines family member broadly to include spouses, former spouses, de facto and former de facto partners, people in or formerly in an intimate personal relationship, relatives, children and people who treat each other as family members in their day-to-day life. Family violence is defined in the Act and includes physical, sexual, emotional, psychological and economic abuse, threatening or coercive behaviour, and behaviour that causes a child to hear, witness or otherwise be exposed to the effects of family violence.
Who can apply, and what is a police safety notice?
An affected family member (or a parent or guardian where the affected person is a child) may apply. Victoria Police may apply on the affected family member's behalf. In appropriate circumstances a police officer may issue a Family Violence Safety Notice, which operates as an application and provides interim protection pending the first mention at Court.
What is the test for an interim order?
Section 53 of the Family Violence Protection Act 2008 (Vic) sets out the alternatives on which the Court may make an interim order. Under section 53(1)(a) the Court must be satisfied on the balance of probabilities that an interim order is necessary pending a final decision to ensure the safety of the affected family member, to preserve any property of the affected family member, or to protect an affected family member who is a child from being subjected to family violence. Under section 53(1)(b) the Court may make an interim order if the parties to the proceeding consent to, or do not oppose, the making of the order. Under section 53(1)(c) the Court may make an interim order if a family violence safety notice has been issued and the Court is satisfied on the balance of probabilities that there are no circumstances that would justify discontinuing the affected family member's protection until a final decision is made. Section 54 permits the Court to make an interim order whether or not the respondent has been served with the application and whether or not the respondent is present. Service of an order and the manner in which it becomes enforceable are governed by the current provisions of the Act.
What is the test for a final order?
At a contested final hearing, the Court applies the civil standard — the balance of probabilities. A final order may also be made by consent, with or without admissions. An undertaking is a distinct possible resolution — it is a promise given by the respondent to the Court — and is not itself an intervention order and is not enforceable as one.
What conditions can be included?
The Act allows the Court to make conditions tailored to the circumstances, including prohibiting family violence, prohibiting contact or approach, excluding the respondent from a residence, prohibiting damage to property, and orders concerning firearms and weapons. Conditions are not standard: they are drafted to meet the safety and other purposes the Act requires.
How does an FVIO interact with parenting orders?
An FVIO does not decide the merits of parenting proceedings under the Family Law Act 1975 (Cth). Sections 68P to 68T of the Family Law Act deal with the interaction between family-violence orders and parenting orders and require courts to consider inconsistency when making orders. Where an FVIO and parenting orders both apply, the interaction turns on the terms of each order and the applicable statutory provisions.
How long does an order last and can it be varied?
The Act does not fix a standard duration. The Court decides the duration of a final order on the evidence and circumstances of the case. Orders can be extended, varied or revoked on application in accordance with the Act, and appeals and rehearings are available in defined circumstances.
What are the consequences of breaching an order?
Contravention of an FVIO is a criminal offence under the Family Violence Protection Act 2008 (Vic). The specific offence and any repeat or aggravated offence provisions, and the penalty and any conviction consequences, depend on the conduct, the charge and the outcome of the criminal proceeding. A breach is not automatically a conviction; that is determined in the criminal proceeding.
Are Victorian orders recognised in other states?
The National Domestic Violence Order Scheme provides for mutual recognition of Australian family and domestic-violence orders across states and territories in accordance with the applicable legislation. Whether and how an order is recognised or enforced in another jurisdiction depends on that legislation and on the order's terms.
Family Violence Intervention Orders
Speak with a Parke Lawyers Advocate
We act for both applicants and respondents in Family Violence Intervention Order proceedings across Victoria. Confidential consultations are available in Melbourne CBD, Ringwood, by telephone or by video.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.