To apply for a Family Violence Intervention Order (FVIO), also known as an IVO, you’ll need evidence supporting your claims. This can include police reports, witness statements, photos, text messages or even social media posts. In some cases, financial abuse or psychological abuse might be evidenced through bank statements or medical reports.
If there’s a history of threatening behaviour, documenting this evidence can also be crucial. Keeping a record, such as a journal or diary of dates, times, and events, can also be helpful – if it is safe to do so.
Also relevant is why you believe there is the possibility of future family violence. This evidence helps the court understand the need for a protective order to be made. This can be based on threats that have been made or the feeling that violence is likely to be ongoing or escalate.
The evidence you will need to apply for an FVIO or PSIO
To apply for either type of intervention order, the court requires compelling evidence to establish that you are at risk of harm. There are several types of evidence that you can present to support your application. The stronger the evidence, the more likely the court will grant the order.
1. Police reports
A police officer may provide evidence in the form of police reports documenting any history of family violence incidents, including assaults, threats, or other abusive behaviours. If police were called to an incident of family violence, these reports can serve as an official record of what occurred. Police reports are a key piece of evidence in family violence cases, as they provide an impartial account of events.
2. Witness statements
If there were witnesses to the incidents of family violence, their statements can provide important evidence of the abuse. Witness statements might include those of family members, friends, neighbours, or others who have observed the abusive behaviour. Having a witness testify about the incidents can add credibility to your claims and help the court understand the nature of the relationship.
3. Text messages, emails & social media posts
Communication from the abuser, such as threatening text messages, emails, or social media posts, can provide valuable evidence of psychological or emotional abuse. These communications can demonstrate ongoing intimidation, harassment, or threats of harm. Collecting and presenting these legal documents helps establish the pattern of abuse.
4. Medical reports & psychological evaluations
If you have sought medical attention due to injuries caused by family violence, medical reports from doctors, hospitals, or clinics are crucial in demonstrating the physical harm inflicted on you. For psychological or emotional abuse, a report from a psychologist or counsellor might provide evidence of the mental and emotional impact of the violence.
In some cases, self-harm or thoughts of suicide may be relevant to demonstrate the severe emotional toll the abuse has taken. Support services such as counsellors or mental health professionals may be able to testify to the impact of the abuse on your well-being.
5. Other evidence of abuse or threats
Other forms of evidence could include photographs of injuries, audio or video recordings, diary entries, text messages or emails by you to others shortly after an incident of family violence occurred. This evidence can help the court understand the history and context of the family violence in the relationship as well as be convinced that on the balances of probabilities the family violence occurred.
6. Witness statements & future risks
The court will not only review evidence of past abuse but will also take into account the risk of future harm when deciding whether to grant a Family Violence Intervention Order (FVIO). If there is a history of abusive behaviour or a pattern that suggests the abuse may escalate, such as threats of violence or previous instances of physical harm, the court may see this as an indicator of future risk.
Statements about the possibility of further abuse can strengthen the case for a protective court order. This helps the court assess whether immediate intervention is necessary to prevent a potential future.
What is classified as family violence in Victoria?
In Victoria, family violence includes physical and emotional abuse, psychological abuse, financial abuse, threatening behaviour, stalking, coercion and control, and sexual violence within a domestic relationship. This can include abuse by a partner (in a marriage, de facto couple or intimate relationship), a family member or someone else you are close with.
What is an Intervention Order in Victoria?
An Intervention Order is a court order that aims to protect individuals from family violence, including physical, emotional, financial, psychological, and other forms of abuse. An FVIO is a term used in Victoria for a family violence order made against a family member or intimate partner.
A similar type of intervention order called a Personal Safety Intervention Order (PSIO) is used for dealing with threats, abuse and violence from people who are not known by or intimate with the person seeking the order.
Under the Family Violence Protection Act 2008, victims of family violence can apply to the Magistrates’ Court for an order that legally restricts the abusive behaviour of the perpetrator.
The order can be either temporary (interim) or final. It is granted after considering the evidence and determining that it is necessary for the protected person’s personal safety. The police or court will often issue a temporary order to provide immediate protection while awaiting a final hearing. If issued by the police it is called a Family Violence Safety Notice.
What is an ‘intimate personal relationship’ for the purposes of an intervention order?
For the purposes of an intervention order in Victoria, a relevant relationship typically involves a relationship between individuals who have a close, intimate connection. This includes spouses, de facto partners, former partners, and sometimes family relationships. If you are in an intimate personal relationship where violence or threats have occurred, you may apply for an Intervention Order under the Family Violence Protection Act 2008.
However, even if you do not fall under the definition of an intimate relationship (for instance, in cases of family members or individuals in care relationships), there are still other protection orders available in Victoria to ensure you are safeguarded from harm.
How do intervention orders work for family relationships in Australia?
If you are applying for an intervention order in a family relationship, the legal process is similar. For people in relationships not considered intimate partners, such as a family member who has experienced emotional abuse or psychological abuse, a family violence protection order can still be sought. This order applies to those in an informal care relationship or similar situations. Orders can also be sought for people who are living in the same household. These are called Personal Safety Intervention Orders or PSIOs.
A PSIO is a protection order for people who are not family members or in an intimate relationship.
If you do not fall into the categories of an intimate personal relationship or family relationship, a different type of protection order is available. This is called a PSIO (Personal Safety Intervention Order), which ensures individuals are still afforded legal protection under family law. This can include situations where harassment or violence is occurring that does not fall into the intimate or familial category.
How do I apply for an intervention order for domestic or family violence in Victoria?
Applying for an Intervention Order in Victoria involves requesting legal protection from a person who has been abusive or threatening towards you. The application process begins with either filing documents at the Magistrates’ Court or asking the Victoria Police to apply for one for you. You’ll need to present evidence supporting your case.
You may also seek legal advice from family lawyers to ensure the best approach. A temporary protection order or interim order may be granted while waiting for the final court hearing, offering immediate protection. You do not always need to attend court for an order to be made.
Will the other party know that I am applying?
In most cases, the police or the Magistrates’ Court will grant an interim (temporary) order without the other party being notified. This is called an ex parte order. This happens when the evidence is fairly strong. If the evidence is not assessed as being strong enough for an ex parte order, the other party will be served with your application and you will need to attend court on a date fixed by the court. The court will hear evidence from you and the other party before deciding whether to make an interim order.
If the evidence is fairly strong then an interim order will be made and the other party will be served with your application and the interim order.
Is family violence a criminal offence in Victoria?
Yes, acts of family violence can be a criminal offence in Australia. Offences such as assault and stalking can be punishable under criminal law. These offences can lead to criminal charges and significant consequences, with evidence used in both family violence proceedings and criminal cases.
Intervention orders are civil matters, not criminal matters, but some behaviours that the order outlines, such as assault, are criminal matters.
Importantly, a breach of an intervention order can result in a criminal charge.
What is the Family Violence Protection Act 2008?
The Family Violence Protection Act 2008 is a key piece of legislation in Victoria that provides a framework for protecting individuals from family violence. It defines family violence and sets out the process for obtaining protection orders, including temporary protection orders and final protection orders. This law is designed to ensure the safety of those affected by family violence and to guide the court process in family law matters.
What will happen at court after the interim order is made?
There may be a number of hearings after the interim order is made. These are usually short hearings called mentions or procedural hearings. These are opportunities for the terms of the interim order to be negotiated and there may be limited court time to review the order. The court may only have 5 or 10 minutes allotted to your case so usually major changes are not ordered by the Magistrate but may be negotiated. Variations may include adding or removing children, making a final order by consent, accepting an undertaking instead of an order and allowing the other party to do something that was prohibited by the interim order.
Most matter settle by consent before a final hearing, but if your case does proceed to a final hearing the court will examine all the evidence presented, including witness testimony, written statements, and any other supporting court documents. If the court determines that the protected person is at risk, a final order may be issued, placing legal restrictions on the accused person’s behaviour.
If you are the protected person, you may need to attend court to give your evidence and present your case if it is safe to do so. The court staff can assist with explaining the process and providing directions to help you navigate the court hearing. They may help you understand the forms to fill out and can provide information about the legal documents required for your case.
If you are feeling uncertain or stressed about attending court, it is a good idea to seek support from friends, family, support services or a trusted lawyer who can guide you through the process.
Temporary & final orders
If you are granted a temporary order or an interim order, this will provide you with immediate protection until the final hearing can take place. This order can prohibit the alleged abuser from contacting you, coming near your home, or engaging in violent behaviour.
At the final hearing, the court will review all the evidence and determine whether a final order is necessary to protect your safety in the long term. If granted, the final order will outline specific restrictions and conditions to keep you safe from further harm.
Seeking legal support
Applying for an Intervention Order (FVIO) in Victoria can feel overwhelming, but with the right evidence, legal guidance and support, you can obtain the protection you need. There are various services and legal measures in place to help ensure your personal safety. While the court process can seem complicated, there are dedicated family violence services that can provide emotional support, court staff and experienced family violence lawyers available to assist you every step of the way.
If you or someone you know is experiencing family violence, it is crucial to seek help as soon as possible. Our lawyers are experienced in family violence matters. We can guide you through the process and ensure that your safety is prioritised, assisting with gathering evidence and managing the application process.