What is a Family Violence Intervention Order?

In recent years,the Victorian judicial system has increased protection for those who fear for their safety in a domestic setting.One such protection that is available to victims of violence is a Family Violence Intervention Order(“IVO”).An IVO is imposed by the court to protect a person from violence that is inflicted on them by a family member.

When can you get an IVO?

You can apply for an IVO in Victoria at a Magistrates’ Court if you are over 18 years of age.If you are between 14 and 18,you may apply for an IVO with the leave of the Children’s Court.If you are under 14,your parent or guardian may apply on your behalf.

If you require urgent or immediate protection,the court can grant an interim IVO which will remain in place until a magistrate can review your application,consider the evidence,and make a final decision.[1]

What type of violence does an IVO protect me from?

Family violence is defined in the Family Violence Protection Act 2008 (Vic) as behaviour that is used to control,threaten,force or dominate a family member through fear.[2] Family violence does not have to involve physical harm—it also includes emotional,financial,and sexual abuse.

Who can I take out an IVO against?

If you have experienced violence from someone close to you,they may constitute a ‘family member’ under the Act.

A family member includes relatives by birth,such as parents and children,as well as those related by marriage or adoption.[3] It also includes anyone with whom you share an intimate personal relationship,whether you are married or de facto partners.[4] You do not need to have a sexual relationship with that person for it to be considered ‘intimate.’

What can I apply for when applying for an IVO?

When completing an IVO application,you can request that the court prohibit your family member from committing certain behaviours.[5] This may include preventing them from attending your residence,contacting you,approaching you,or sending you text messages or emails.[6]

If you are concerned for your child’s safety,you may include them in the application.This may prevent the family member from coming within a certain distance of the child’s school or childcare centre,or contacting them directly or through a third party.

What happens if the person breaches a condition of an IVO?

If you believe that a family member has breached the conditions imposed by the court,the police may charge them with a criminal offence.Breaching an IVO can result in a term of imprisonment and/or a fine.[7]

If you have evidence of the breach,this will assist the police in their investigation.It is important to record as much information as possible about the breach,including the date,time,and nature of the incident.

How can DSA Law help?

If you have a Family Law issue or question,please Contact Us or one of our Family Lawyers at DSA Law on (03) 8595 9580 so we can assist you with your concerns.

[1] Family Violence Protection Act 2008 (Vic) s 53.

[2] ibid s 5.

[3] ibid s 8.

[4] ibid.

[5] ibid s 80.

[6] ibid ss 81–82.

[7] ibid s 123.