A Family Violence Intervention Order (FVIO) is a Court Order provided for under the Family Violence Protection Act 2008 (Vic) (“the Act”) with the aim of protecting a person (and children) from a family member who is committing family violence. 

For the purposes of the Act, family violence is defined as behaviour that is:

• physically or sexually abusive; or
• emotionally or psychologically abusive; or
• economically abusive; or
• threatening; or
• coercive; or
• in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.

If children are witness to such family violence, they can also be included on the Order as protected persons.

While FVIO’s afford protection to the affected family members listed on the Order, the relevant conditions can have severe impacts on the Respondent. While Intervention Orders are made and governed in the civil jurisdiction, breaching a FVIO can attract serious criminal charges.

Further, being the Respondent of even an Interim Order can have the following consequences: –

1. The Respondent being removed from their property;
2. The Respondent prevented from seeing their children;
3. The Respondent being restricted from attending their employment if it is with or near an affected family member; and
4. Suspension of the Respondent’s firearms licence and the individual deemed a prohibited person under the Firearms Act 1996 (Vic) upon the making of a final Order, and prohibited from possessing a firearm for up to five years or more.

If you have been provided with a summons for a Family Violence Intervention Order or are in the process of applying for one for your protection, contact Pace & Associates Lawyers as soon as possible to obtain practical advice and expert representation.