- Family Violence
How to obtain a Family Violence Intervention Order in Australia
• July 25, 2023
Experiencing family violence is traumatic and distressing. If you or someone you know is experiencing family violence, it’s important to know how to obtain an intervention order to protect yourself and your family. In this guide, we’ll explain the steps involved in obtaining a family violence intervention order however it is a very complex issue and we strongly suggest that unless you are in immediate risk, you contact a lawyer before taking any action.
Step 1 – If you are in immediate danger, call triple zero (000).
You should call triple zero (000) if someone is injured or requires immediate medical attention, your life or your property are being either threatened or are in danger or if you have witnessed a serious accident or crime.
Please remember that when you call triple zero (000), the operator will ask for your phone number and exact location to ensure quick and effective response. In case you face language barriers, the operator can organize a translator for you to communicate easily. Your safety is our utmost priority, so don’t hesitate to call for help when you need it.
Step 2 – Apply for an Intervention Order
We understand that applying for a Family Violence Intervention Order (FVIO) can be a difficult and emotional process. You can lodge an online application for a FVIO or in person at your local Magistrate’s Court.
The person applying for the FVIO is called the applicant or affected person, and the person who the application is made against is called the respondent.
As part of the application process, you will be asked to provide details about the respondent, including their name and address, as well as information about their behavior. You will also be asked to provide the names and birth dates of your children and other family members who need protection and their relationship to the respondent. The application form will also ask about the conditions you want in the order.
Step 3 – Go to the FVIO appointment.
During your appointment, you will have the opportunity to review your application and make any necessary changes. The court registrar will ask you to read over the application carefully and sign to confirm that the information provided is true and correct.
If your application is approved, a registrar will provide you with a copy of the documents. These documents may include an application and summons, interim order, or application and warrant.
Step 4 – Informing the Respondent
If an application and summons has been issued, the police will serve a copy of the application on the respondent.
In case an interim order was made, the police will notify you when they have served it.
If a warrant has been issued, the respondent may be arrested.
Step 5 – Go to Court
It is important to plan to be at court all day for the FVIO hearing. If the respondent has been served and fails to show up, an order can still be made in their absence.
During the hearing, a magistrate will consider if the respondent has committed family violence against you, if the respondent’s behaviour is likely to happen again, and if you fear for your safety. Based on the evidence presented, the magistrate may make a final or interim FVIO.
If an FVIO is made, the magistrate will read the conditions of the order out in court. After the hearing, a registrar will provide you with a copy of the FVIO.
We understand that you may not agree with the magistrate’s decision. If this is the case, you have the option to appeal to the County Court of Victoria.
If you would like to discuss your own situation, do not hesitate to contact us for practical, legal and emotional assistance. You can contact Umbrella Family Law today via phone at (03) 9279 6800 or email at email@example.com to discuss how we can help you.
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