Family Violence Orders (FVOs)
Family violence or domestic abuse includes physical, sexual, emotional and financial abuse, controlling and threatening behaviour and stalking. Family violence orders aim to protect family violence victims, including children.
Family violence orders are governed by state and territory laws, they are not made by the Federal Circuit and Family Court of Australia (FCFOA). Family violence orders are named differently in some states, for example, they are referred to as apprehended domestic violence orders in New South Wales, protection orders in Queensland and intervention orders in Victoria. However, the purpose of family violence orders and the processes for obtaining an order are similar. As family lawyers, we frequently assist clients with their parenting and property proceedings in the FCFCOA and domestic violence matters in their local court.
We help clients apply for family violence orders as well as clients wishing to oppose orders. We recommend getting in touch as soon as possible if you would like assistance applying for an order. If you've been served with an application for an order, it's important to obtain specialist legal advice in advance of any court appearances.
To discuss your circumstances with a specialist family lawyer, please access the link below to complete a short form. We’ll connect you for a 15-minute complimentary phone call with a lawyer best suited to your needs.
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What is a family violence order?
Often referred to overseas as a "restraining order" a family violence order aims to protect a person, their children or their property by restraining another person from engaging in certain behaviours.
What is considered family violence?
The law in each state of Australia recognises that family violence extends beyond physical abuse and includes sexual, psychological, economic abuse, controlling and threatening behaviour, intimidation and stalking. The legislation is clear that domestic violence, in all its forms, is unacceptable behaviour. It also acknowledges the vulnerable position of children who are exposed to family violence as victims or witnesses.
Applying for, and responding to, a family violence order
The process for applying for a family violence order differs slightly between each state. In certain circumstances, the police can make an application on your behalf and manage the process for you. Alternatively, you can make an application through your local or Magistrates' Court.
Our team of family lawyers have years of experience assisting clients with family violence orders. We work with clients to complete the necessary documentation and attend at subsequent court hearings or brief specialist family violence barristers to appear on behalf of our clients.
How long does a family violence order last?
Typically, family violence orders will be made for a defined period, such as 12 months or two years, however, the court may decide to make an indefinite order.
Conditions that may be included
The court has the power to include any conditions on the order that it deems necessary to protect the applicant. In addition to prohibiting the respondent from committing family violence against the applicant, the conditions can include preventing the respondent from attending or being within a specified distance of the applicant's home, workplace or school, and prohibiting the respondent from contacting the applicant.
What happens if a family violence order is breached?
A breach of a condition on a family violence order is a criminal offence. The respondent can be charged by police, and they can be sentenced in court. The breach may also be applied to the respondent's criminal record.
Frequently asked questions
Can I still see my children if they are included on a family violence order?
It is possible to have both parenting orders setting out the children's time with each of their parents, and a family violence order that names the children as affected family members. This is because parenting orders are made by a Commonwealth Court (the Federal Circuit and Family Court of Australia) and will override any inconsistent obligations set out in a family violence order, which are made by state or territory courts. We frequently assist clients with concurrent parenting and family violence matters, and we work closely with them to navigate the most appropriate parenting arrangements for them and their children.
What does it mean to "consent without admission" to a family violence order?
Where a respondent denies the allegations of family violence upon which an application is based, they may choose to consent to a final order to bring the matter to a close. Consenting without admission often occurs for reasons of practicality, and is generally motivated by the respondent's desire to avoid the expense and delay associated with family violence hearings. It is important to obtain specialist advice before consenting without admission to an order as there can be unintended consequences of doing so. We discuss this in further detail in this article, “The unintended consequences of consenting without admission to family violence intervention orders”.
Can a family violence order be revoked or cancelled?
In certain circumstances, a party to an order, their guardian or the police, can apply to the court for a final order to be revoked. Even if the parties consent to cancelling the order, they must make an application to the court for it to be officially revoked. In considering an application for an order to be set aside, the court will examine factors such as the reasons for the application, how the parties' circumstances may have changed and whether removing the order would affect the safety of the protection person.