Understanding your rights and protections under Australian family law
What is a Family Violence Intervention Order?
A Family Violence Intervention Order (FVIO) is a court order designed to protect someone from a partner, ex-partner, or family member who has used violence, threats, or abusive behaviour. These orders are available under state laws, and in Victoria, they are governed by the Family Violence Protection Act 2008.
The order sets clear legal boundaries for the person using violence—called the respondent—to stop them from contacting or harming the protected person.
What is Family Violence?
Under the law, family violence includes more than just physical violence. It can also include:
- Emotional or psychological abuse (e.g. threats, intimidation, harassment)
- Economic abuse (e.g. withholding money or controlling finances)
- Sexual abuse
- Threats of harm, self-harm, or property damage
- Stalking or surveillance
- Exposing children to violence
A child who hears or sees family violence is also considered a victim.
Who Can Apply for an Intervention Order?
You can apply for an FVIO if you’re experiencing abuse from:
- A spouse or ex-partner
- A parent, child, or relative
- Someone you’ve lived with or been in a relationship with
- A person considered “like family,” such as a carer
Applications can be made by the affected person, a parent on behalf of a child, a guardian, or the police.
Interim vs Final Orders: What’s the Difference?
- Interim Order: Temporary protection before the full court hearing. These are issued quickly if there’s immediate risk.
- Final Order: Long-term protection made after a court hearing if the magistrate believes family violence has occurred and is likely to happen again.
Family Violence Safety Notices (Victoria only)
Police can issue an immediate Family Violence Safety Notice outside court hours for urgent protection. These act like an interim order until the matter is heard in court.
Examples of Family Violence
- Blocking access to money or controlling spending
- Threatening to harm children or pets
- Repeated derogatory comments or threats
- Forcing someone to do things against their will
- Monitoring someone’s movements or phone
What Happens if the Order is Breached?
A breach is a criminal offence. The police can charge the person, and if found guilty, they may face:
- Up to 2 years in prison
- Fines up to $27,000+
- A criminal record
Breaching an order is taken very seriously by the courts.
Do You Need a Lawyer?
You don’t need a lawyer to apply for an intervention order, but legal advice can help you understand your rights, prepare your evidence, and feel more confident in court. If you’re afraid for your safety, contact the police immediately.
When to Get Help
If you or someone you know is experiencing family violence, support is available:
- Police: Call 000 in an emergency or contact your local station.
- 1800 RESPECT: 24/7 family violence and sexual assault support – Call 1800 737 732
- Legal Aid or a community legal centre: Free legal advice and assistance.