A family violence intervention order is a legally enforceable order that protects an affected family member from family violence perpetrated by the respondent, or someone on behalf of the respondent.
An intervention order can include more than one person as an affected family member. For example, the order can include you and your children as affected family members.
You must be a family member of the respondent to apply for a family violence intervention order. A “family member” is defined by the Family Violence Protection Act 2008 as follows:
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1. A person who is, or has been, the spouse or domestic partner of the respondent;
2. A person who has, or has had, an intimate personal relationship with the respondent;
3. A person who is, or has been, a relative of the respondent;
4. A child who normally or regularly resides with the respondent, or who previously resided with the respondent on a normal or regular basis (including any child of a person who had an intimate relationship with the respondent).
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How to make an application for a family intervention order
An application for a family violence intervention order can be made by an affected family member (if they are above the age of 18 years of age); a parent or legal guardian on behalf of a child; or a police officer. Family violence intervention orders are applied for and heard in the Magistrates Court at a registry closest to your home.
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Family violence is behaviour that is used to control, dominate, threaten or force a family member through fear. It includes:
1. Physical abuse – which includes hitting, punching, kicking, choking or pushing.
2. Sexual abuse – which includes exerting pressure on someone to engage in sexual activities with which they do not feel comfortable.
3. Emotional or psychological abuse – controlling who a person can see or calling them derogatory names.
4. Economic abuse – controlling how someone can spend their money or preventing someone from accessing their money.
5. Threatening behaviour – threatening to cause harm to someone, a loved one, personal belongings or a pet.
6. Coercive control – taking control of your everyday life, including where you can go, who you can see, what you can wear and when you can sleep.
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Can a child be included in the invention order
A child can be included as a protected party on an intervention order if they are the victim of family violence or exposed to family violence. A child can be exposed to family violence by witnessing the family violence firsthand or being exposed to the aftereffects of the family violence. For example, helping an abused family member, seeing damaged property in the family home, or witnessing the police attend the property as a result of family violence.
If you are fearful for your safety or the safety of a member of your family, please contact Victoria Police immediately. Should you require assistance in relation to applying for a family violence intervention order, please contact our office for assistance.
