Family Violence in Australia
Family violence remains a serious and widespread problem in Australia. The statistics are alarming:
- On average, one woman every week is murdered by a current or former partner.
- 1 in 4 women have experienced emotional abuse by a current or former partner.
- Nearly 40% of women continue to experience violence from their partner during periods of temporary separation.
While both women and men can be victims of family violence, women are nearly three times more likely to experience it than men. These figures highlight the devastating and ongoing impact of family violence on individuals, families, and communities.
Intervention Orders in Victoria
In Victoria, the law provides protection through intervention orders made in the Magistrates’ Court. There are two main types:
- Family Violence Intervention Orders (FVIOs) – made to protect a person from family violence by a partner, ex-partner, or family member.
- Personal Safety Intervention Orders (PSIOs) – made to protect a person from harassment, stalking, threats, or violence by someone who is not a family member.
Applying for an Intervention Order
The process typically involves:
- Contacting the nearest Magistrates’ Court to arrange an appointment.
- Completing the relevant application form (for a family violence IVO or personal safety IVO).
- Attending an appointment with a registrar, who reviews the application.
- If approved, the registrar issues the documents, which are then served on the respondent by police.
- The matter is later heard before a magistrate, who may make an interim or final order, refuse the application, or strike it out.
Responding to an Intervention Order
If you are served with an IVO application, it is crucial to seek legal advice immediately. Even if you do not agree with the allegations, the consequences of an order being made can be far-reaching and unexpected. They may affect:
- Your ability to live at home or see your children
- Your employment, professional reputation, or ability to hold certain licences (e.g. firearms, security industry)
- Your future family law proceedings
An IVO remains in place until it expires or is cancelled by a magistrate. Breaching an order is a criminal offence and can result in severe penalties, including imprisonment.
How Parke Lawyers Can Help
At Parke Lawyers, our experienced family and criminal law teams can:
- Assist applicants in preparing and filing an IVO application, representing them at court, and ensuring their safety and protection are prioritised.
- Advise respondents on their rights, obligations, and the potential consequences of an IVO, and represent them in contesting or negotiating appropriate conditions.
- Guide families through the overlap between intervention orders and family law, including parenting arrangements, child protection issues, and property settlements.
We also have nationally accredited mediators who can help resolve related disputes in a safe and pragmatic way, where appropriate.
Taking the Next Step
Family violence and personal safety matters are serious and sensitive. Whether you are seeking protection or responding to an application, early legal advice is essential.
