Having to face a family violence intervention order (FVIVO) can be overwhelming and stressful. Whether you are applying for protection or contesting against an order, it is critical to understand the legal process. Intervention order lawyers in Melbourne can provide essential legal assistance to help protect your rights and guide you through the complexities of the legal system. In this blog, we’ll explore what a family violence intervention order is, the legal implications, and how experienced lawyers like Burdon Legal can help you achieve the best possible outcome.
What is a Family Violence Intervention Order (FVIVO)?
A family violence intervention order (FVIVO) is a legal order issued by the Magistrates' Court to protect individuals from family violence. This type of order can be requested by a family member or a police officer on behalf of an affected family member (AFM). The purpose of the FVIVO is to prevent further harm by setting strict legal conditions on the respondent’s behaviour.
Types of Family Violence Covered by FVIVOs
Family violence includes a wide range of abusive behaviours, such as:
Physical abuse: Hitting, pushing, slapping, or any form of physical injury
Emotional abuse: Verbal insults, intimidation, or constant humiliation
Psychological abuse: Threats, gaslighting, or coercive control
Financial abuse: Controlling or restricting access to finances
Sexual abuse: Unwanted sexual advances, assault, or harassment
FVIVOs are not limited to partners or spouses; they can apply to any family member, including parents, children, siblings, or relatives. If you're experiencing any of these forms of violence, seeking advice from an IVO lawyer is critical to protecting yourself and your loved ones.
How Do Family Violence Intervention Orders Work?
The Application Process
Filing the Application: The process starts by filing an application at the Magistrates' Court. You can apply yourself, or the police can apply on your behalf if they believe you are in immediate danger.
Requesting an Interim Order: If there is an urgent need for protection, the court may issue an interim FVIVO to ensure immediate safety until the final hearing.
Serving the Respondent: The respondent (the person the order is against) must be served with the FVIVO by the police. They will receive details of the allegations and the conditions imposed.
Court Hearing: A series of hearings are scheduled where both parties can present evidence and arguments. Having a criminal defence lawyer in Melbourne ensures that your case is professionally handled.
Conditions Imposed by FVIVOs
The court can impose various conditions on the respondent to ensure the safety of the AFM. Common conditions include:
No contact: The respondent must not contact the AFM by any means (phone, text, email, social media, etc.).
Staying away: The respondent must stay a specified distance away from the AFM’s home, workplace, or school.
Surrendering firearms: If the respondent owns firearms, they may be required to surrender them to the police; along with a cancellation of their firearm license..
No threats or intimidation: Prohibiting any form of harassment, intimidation, or threatening behaviour.
Being excluded from your property.
Having parenting plans and arrangements suspended, preventing time with your children.
These conditions are designed to provide comprehensive protection. Contravening any of these conditions is a serious offence and can lead to severe legal consequences.
Consequences of breaching FVIVOs
Breaching a FVIVO can have significant and long-lasting impacts on both the applicant and the respondent. The consequences of breaching an FVIVO are severe and may include:
Criminal conviction: Breaching an FVIVO is a criminal offence and can result in a conviction that remains on your record.
Fines and imprisonment: Depending on the severity of the breach, penalties can include hefty fines or jail time.
Employment challenges: Certain professions may be off-limits if you have a criminal record related to family violence.
Visa implications in regards to residency and citizenship applications.
Impact on child custody arrangements: If children are involved, an FVIVO can influence family court decisions regarding parenting arrangements including access and visitation rights. The court may vary, discharge or suspend parenting orders in this process.
Given these consequences, it is essential to seek representation from the best criminal defence lawyers in Melbourne to ensure your rights are protected.
How Intervention Order Lawyers in Melbourne Can Help
Navigating the legal system without professional help can be overwhelming. An experienced intervention order lawyer provides critical support by:
Explaining your legal rights: Clearly outlining your obligations under the FVIVO and what you can or cannot do.
Preparing your contest: Collecting evidence, such as witness statements, texts, emails, and other documentation, to build a strong case.
Representing you in court: Advocating on your behalf during hearings to ensure your side of the story is presented accurately.
Negotiating conditions: Working to modify or remove unreasonable conditions that may affect your daily life.
Steps to Take if You Receive a Family Violence Intervention Order
If you have been served with a FVIVO, it's critical to take immediate action:
Read the order carefully: Understand all the conditions and restrictions imposed.
Comply with the conditions: Even if you disagree with the order, violating it can lead to criminal charges.
Seek legal advice immediately: Contact an IVO lawyer in Melbourne to discuss your options and plan your contest.
Gather evidence: Collect any relevant evidence, such as messages, emails, or witness contact information, that may support your case.
Attend all court hearings: Failing to appear in court can result in the FVIVO being upheld automatically.
Why Choose Burdon Legal for Family Violence Intervention Orders
When dealing with an FVIVO, having a knowledgeable legal team on your side is essential. Burdon Legal is renowned for their expertise in intervention orders and criminal defence. Here’s what sets them apart:
Specialised knowledge: Extensive experience handling family violence cases
Client-focused approach: Personalised strategies tailored to your situation
Strong track record: Proven success in defending clients and achieving favourable outcomes
Familiarity with local courts: In-depth understanding of Melbourne’s legal system and court procedures
Common Questions About FVIVOs
What happens if I breach an FVIVO?You may face criminal charges, fines, or imprisonment.
Can an FVIVO affect child caring responsibilities and arrangements?Yes, it can influence family court decisions regarding custody and visitation.
How long does an FVIVO last?Most FVIVOs last for 12 months, but they can be extended.
Do I need a lawyer to contest an FVIVO?While not mandatory, having a lawyer significantly improves your chances.
Can an FVIVO be revoked?Yes, with the help of a lawyer, you can apply to have it removed.
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