How to Handle Family Violence Intervention Orders

Shahn Beasley-Reickenvater

Senior Associate Aitken PartnersView Profile

Nicole Brideson

Law GraduateAitken PartnersView Profile

Family Violence Intervention Orders help protect individuals and families from harmful behaviour and can carry serious legal consequences if breached. Understanding your rights, obligations and the legal process is essential, whether you are seeking protection or responding to an application.

What is a Family Violence Intervention Order?

A Family Violence Intervention Order (‘FVIO’) is a court order which protects people and their property from family violence being perpetrated by a family member.

Whilst a civil order, which means being the subject of one does not reflect on your criminal record, an FVIO is legally enforceable, and breaching it can carry criminal repercussions.

What is Family Violence, and how do you recognise it?

In Victoria, FVIOs are governed by the Family Violence Protection Act 2008 (Vic) (the ‘Act’). The Act defines family violence to include behaviour which is physically, sexually, emotionally, psychologically, or economically abusive, and includes behaviour which causes the person to fear for their safety or wellbeing. Exposing a child to any form of family violence also constitutes family violence against that child. The mistreatment of an animal is also a recognised form of family violence.

It can be hard to know whether what you are experiencing falls into the category of emotional or economic abuse. Generally speaking:

• Emotional or psychological abuse can look like tormenting, intimidating, or harassing a family member through actions such as derogatory taunts, or threats of self-harm.
• Economic abuse involves coercion or deception over someone’s financial autonomy as a means of exercising control over that person. This can include actions such as withholding financial support or preventing the family member from seeking out employment.

Who can the Family Violence Intervention Order be made against?

The FVIO can be made against family members, including current or formers spouses, defacto partners, relatives, children, and anyone who is treated as a family member by the person seeking the order.

The person who experiences family violence and is protected by an FVIO is known as the ‘Affected Family Member’. Children can be included as an Affected Family Member if they are subject to this behaviour or if they hear or witness such acts.

Types of Family Violence Intervention Orders

There are multiple forms of FVIO’s which an Affected Family Member can apply for.

If urgent protection is needed then an Interim Intervention Order can be made, offering temporary protection before a final decision is made. Final Orders provide long term protection and are made at the conclusion of a proceeding if the court decides that family violence is more likely than not to have occurred and is likely to occur again.

If you have an Interim Order made against you, you will have the opportunity to respond to the allegations made in a court hearing. It is best to seek legal advice to help you navigate how best to respond, as the conditions imposed by a Final Order can have far reaching impacts on your everyday life, as well as any other family law proceedings you have on foot.

What conditions can be imposed on a Family Violence Intervention Order?

The Court can impose any condition which it deems is necessary or desirable to best protect against further family violence. This may include conditions which prohibit:

• Committing family violence against the Affected Family Member;
• Intentionally damaging (or threatening to damage) property of the Affected Family Member;
• Locating, following, or surveilling the Affected Family Member;
• Publishing or distributing information about the Affected Family Member;
• Contacting or communicating with the Affected Family Member;
• Going within a specified distance of the Affected Family Member;
• Going to the Affected Family Member’s residence; and
• Engaging someone else to do anything which is prohibited by the FVIO.

These conditions may also impact any Family Law parenting orders you have in place. For example, FVIOs can include conditions that discharge, suspend or vary family law orders. More commonly, the FVIO may be subject to a condition called a ‘Family Law Condition’. The Family Law Condition subjects the FVIO to any parenting orders made by the Family Court, meaning the Respondent can still do anything permitted by a Family Law Act order, or in accordance with a written agreement made between the Affected Family Member and the Respondent. However, this is not always the case, and it is therefore important to seek legal advice to navigate the complexities of the family law system.

What happens if I breach a Family Violence Intervention Order?

If someone accidentally breaches an FVIO , or if the Affected Family Member tells them that they do not need to follow the FVIO, the persona may still be found to have committed a criminal offence. This means they may be charged by the police, have to attend court to resolve the matter.

If found guilty of the breach, a court can impose, among other things, a:

• Jail sentence;
• Conviction;
• Fine; or
• Any other penalty which the court sees fit.

It is important to note that even if there is a reconciliation between the parties, until the FVIO expires or the court formally changes the FVIO, it continues to remain legally enforceable.

Breaching an FVIO is taken seriously, therefore it is important seek legal advice to prevent an inadvertent breach that could carry damning consequences.

How can Aitken Partners Help?

Seeking help can often be the hardest step, but seeking professional advice early is of paramount importance to ensure you best protect yourself and your rights. At Aitken Partners we will work with you to guide you through what your rights and entitlements may be, as well as provide comprehensive tailored next steps for your consideration.

Whether you are seeking to make an application or assistance in responding to one, Aitken Partners is here to help. Get in touch with us today to explore your next steps.