A Family Violence Intervention Order (“FVIO”) is a Court order made by a Magistrate under the Family Violence Protection Act 2008 (Vic), where the persons involved are or were in a relationship or within a family.
An Application can be made on the basis that the affected person has experienced and are at risk to continue experiencing family violence. The definition of family violence is very broad and encompasses any physical, emotional or financial abuse.
When an Application is heard for the first time, the Court has the power to make an Interim Order against the Respondent. The Interim Order will operate until the matter proceeds to a Directions Hearing where the Respondent either disputes the allegations within the Application and the matter then proceeds to a Directions Hearing before proceeding to a Contested Hearing, or the Respondent can consent to the Order.
An IVO may direct the Respondent to participate in prescribed counselling, or cancel any firearms license, permit, authority, weapons approval or exemption held by the Respondent.
Victoria Police have the power to issue a family violence safety notice on behalf of the affected person if they believe that person requires immediate protection from the Respondent. The safety notice directs the Respondent to attend Court and prohibits them from committing certain behaviours.
Breaching the conditions on an FVIO or a safety notice results in being charged for a criminal offence.
