Family violence (including threats, manipulation, and controlling behaviour) is never acceptable. Children who see, hear or experience family violence can be affected by ongoing trauma.
If you or a loved one are currently experiencing family violence, talk to our team. We can help you get protective orders in an empathetic, cost-effective way.
Under an intervention order, the respondent (the person committing violence) may be prohibited from actions like damaging your property, following you, contacting you, or coming near you.
You can choose which conditions you want your intervention order to cover when submitting an application.
Your conditions can also be applied to associates of the respondent, such as friends or family members.
In addition to an intervention order, you can ask the magistrate to order the respondent to hand in firearms/weapons to police or suspend or cancel any firearms authority, weapons approval or weapons exemption.
You can also ask the magistrate to order the respondent to return your personal property (including pets) or jointly owned property that is necessary for you to continue everyday living with minimal disruption (like a car).
Family violence (including threats, manipulation, and controlling behaviour) is never acceptable. Children who see, hear or experience family violence can be affected by ongoing trauma.
If you or a loved one are currently experiencing family violence, talk to our team. We can help you get protective orders in an empathetic, cost-effective way.
A family violence intervention order (FVIO) can apply to anyone who is a family member.
That includes:
If someone who is not one of the above is committing violence against you, you may be able to apply for a personal safety intervention order instead of an FVIO.
An FVIO isn’t just a piece of paper.
If someone breaches an FVIO, they’re breaking the law and can be charged with a criminal offence, which can lead to fines, jail, and a criminal record.
An FVIO can help deter respondents from abusive behaviours.
Importantly, an FVIO can help you and your loved ones move on with your lives in a safer environment, as well as help you get back property you need.
Intervention orders can also work in your favour during separation or child custody matters.
Getting an intervention order doesn’t mean that the respondent will be charged with a criminal offence, nor do you need to ‘prove’ that they’ve committed family violence.
Ultimately, an intervention order is just that – a legal order.
Respondents can breach FVIOs, but, if they do, they can go to jail for up to two years.
The Court takes breaches of FVIOs very seriously and is more likely to send offenders to jail today than in the past.
If you’ve already experienced family violence, you can also choose to report the incident(s) to the police, which may result in criminal charges.
Family violence charges fall under reverse onus bail provisions, which means that the defendant must show that there are compelling or exceptional reasons for them to be released on bail – if they can’t prove that, then they’ll be held in jail on remand until their trial.
If you’re still concerned that the respondent will ignore an FVIO (or even be provoked by one), talk to your family lawyer.
They can direct you to appropriate resources like free family violence shelters and coordinate with the police on your behalf.
Book a consultation with one of our family law team.
Our lawyers are fluent in nine different languages.
We’ll help you put together an application for an interim order.
This is a temporary ‘immediate protection’ order that doesn’t require you or the respondent to be in court.
It holds the same legal weight as a final order.
Once an interim order has been granted, or if one isn’t necessary, we’ll represent you in court when the final order is granted.
This is a long-term order that stays in place either indefinitely or for a specified period.
If you want an order changed after it’s been made, we can help you apply to the Court.
”Thank you to the entire team at Pentana Stanton Lawyers. Without you my world would have been destroyed. They were 100% supportive, caring and empathetic through a very difficult, tiresome and somewhat ridiculous battle. Durra Baraz was particularly crucial to the my outcome and she was always there for me, and my 5 children, making sure we were always the number 1 priority. When times got tough, or things needed to be sorted straight away, she was just a phone call or email away and with many last minute demands from the other side just to cause distress or attempt to put us off she never faulted and always responded in order to calm me and resolve the situation as quickly as possible. The whole team were ready to step in, when needed, to be there for me though what was the single most difficult time of my life. Without their support, their high professionalism and extensive knowledge I wouldn't have made it through to the end. It was a gruelling 2 year battle and I will be forever thankful to Durra and the Pentana Stanton Team. I have no trouble, and often highly recommend them to anyone that needs a great team behind them, to fight till the end, no matter what in any matter, particularly family law matters. Thank you Durra Baraz and Pentana Stanton.
Katrina Goodrich
If you’re in a situation that involves family violence, book a consultation with a family lawyer as soon as possible. In the meantime, use these resources to help protect your safety.
If you or another person is in immediate danger, call triple zero (000) now.
Penny is a leading family law solicitor admitted in the Supreme Court of Victoria.
She has a broad range of expertise across multiple practice areas like family law, Wills and estate planning, and personal injuries, and is currently completing a Masters of Family Law.
Veronica is a family law solicitor with extensive experience in mediation, separation litigation, child protection, and intervention orders.
Veronica has worked in both the private and community sectors, giving her the knowledge needed to successfully handle highly complex, diverse matters.
Exactly how much you pay for legal representation depends on the complexity and length of your case. Typically, Victorian family solicitors charge between $300 and $500 per hour.
Keep in mind, though, that you can apply for legal aid, which may cover all or part of your legal costs. Book your initial consultation with a Pentana Stanton family solicitor.
The Family Violence Protection Act 2008 (Vic) is Victorian legislation that covers all aspects of domestic and family violence, including:
You can read the full Act here.
Family violence can cause physical, psychological, emotional and financial trauma to people who experience it. It’s the most prevalent cause of death, disability and illness in women aged 18 to 44 years old, and can have lifelong consequences for everyone involved.
Importantly, family violence doesn’t just impact those who are directly subject to violence. Children who see, hear or otherwise experience violence can develop complex trauma, which can impact everything from job prospects and financial stability to mental health and chronic conditions. Family violence is a type of adverse childhood experience.
Only certain people can apply for an intervention order:
Police officers can also apply for an intervention order on behalf of an affected person, even without their consent. Although the Court can make a final order based on a police application without the affected person’s consent, it can only include certain conditions – for example, the Court can’t order someone not to contact you unless you agree to the order.
If you’re not comfortable calling or emailing on a device that can be tracked, visit us in person at our offices in Melbourne CBD and Dandenong.
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