top of page

Family Violence Intervention Order

A family violence intervention order (FVIVO) is a legally enforceable order issued by a court under the Family Violence Protection Act 2008 (Vic). This order aims to stop a respondent from using family violence against a relative, partner, ex-partner, or any other person treated like family, such as a carer or guardian. 

 

Family violence can be overt, physical, mental, financial, or inadvertent in nature, and, is broadly defined.

​

This is why it is a priority that you seek the advice of an experienced intervention order lawyer in Melbourne such as Rebecca Burdon Legal & Consulting.

​

Why an IVO

To get a Family Violence IVO, an affected family member (AFM) needs to be able to demonstrate to the court that they are in need of protection against family violence.

 

The order requires the respondent to engage or refrain from engaging in the conduct specified in the order. 

 

Applications may start by the Police issuing a Family Violence Safety Notice on a respondent. These are often served on a respondent when Police have attended a family dispute and hold the view that the affected family member is in need of immediate protection. 

​

Alternatively, an AFM may apply directly at their local Magistrates' Court of Victoria. The court has the power to make interim and final intervention orders under the current legislation. It can also consider the use of undertakings as a substitute for an intervention order.

​

Do I need a Lawyer to apply for an IVO? 

 

The legal tests for interim and final orders examine different factual matters.

Having an experienced Melbourne Intervention Order lawyer such as Burdon Legal to present your case to the court will ensure your rights are protected.

​

The court may make an interim order if it is satisfied, on the balance of probabilities, that the order is necessary a) to ensure the safety of the AFM or b) to preserve the property of the AFM or c) to protect an AFM who is a child who has been subjected to family violence by the respondent.

​​

In an application for an interim order, the court does not need to find that family violence has occurred.

​​

The test however, for a final order is whether the court is satisfied that the respondent has committed family violence against the affected family member and is likely to do so again.

FVIO Explanation from 24 July 2019 (final)_Page_1.jpg
bottom of page