What is a Family Violence Order in Australia?
A Family Violence Order (FVO) is a court order that protects a person from family violence by placing conditions on the respondent's behaviour. Depending on the state or territory, it may be called a Domestic Violence Order (DVO), an Intervention Order (IVO), or a Protection Order. All states and territories have legislation providing for these orders.
How do I apply for a Family Violence Order at a Magistrates Court in Australia?
You can apply in person at your local Magistrates Court or Childrens Court registry. Court staff can provide you with the application form. You do not need a lawyer. Tell the registrar that you need an immediate hearing if you are in danger, as the court can make a temporary order the same day.
Can police apply for a Family Violence Order on my behalf in Australia?
Yes. Police can apply for an order on your behalf — and in many states are required to do so if they attend a family violence incident. Police can also issue an immediate safety notice at the scene, which has the same effect as a temporary order until a court hearing can be arranged.
What is an emergency or interim Family Violence Order in Australia?
An interim order can be made by the court at a first hearing without the respondent being present. It is a temporary order that protects you while the matter is adjourned for a full hearing. In urgent situations outside court hours, police can apply to an on-call magistrate.
What conditions can a Family Violence Order include in Australia?
Conditions can include prohibiting the respondent from contacting or approaching you, requiring them to vacate the family home, preventing them from attending your workplace or your children's school, and limiting their access to weapons. Courts tailor conditions to the specific situation.
What happens if the respondent breaches a Family Violence Order in Australia?
Breach of a Family Violence Order is a criminal offence in all Australian states and territories. It can result in arrest, charges, and imprisonment. If the respondent breaches the order, call police immediately and keep a record of the breach including dates, times, and any witnesses.
Are there support services available when applying for a Family Violence Order in Australia?
Yes. Court-based family violence support services operate at many Magistrates Courts. 1800RESPECT (1800 737 732) provides 24-hour national support. The Domestic Violence Resource Centre and state-based legal aid services can also assist you through the process at no cost.
Does applying for a Family Violence Order affect my family law proceedings in Australia?
A Family Violence Order operates separately from Family Court proceedings about children and property. However, the existence of an FVO and any family violence findings can be relevant to parenting orders. The Family Court of Australia must consider family violence when making parenting decisions.
What can and cannot be done without a lawyer for a Family Violence Order in Australia?
Applying for an FVO, attending the court hearing, and giving evidence are all things applicants regularly do without a lawyer. Complex matters involving contested hearings with multiple witnesses or where the respondent has legal representation may benefit from legal assistance through legal aid.
How does uplaw.ai help with Family Violence Order applications in Australia?
Tell us your state and your situation in the chat. We help you understand the specific application process in your state or territory, prepare your supporting statement, and identify the safety planning and support services available to you.
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