What is a Family Violence Intervention Order?

An intervention order applicant and respondent are known as applicants and respondents respectively.

If you are immediately threatened, police can issue a safety notice or emergency family violence intervention order to keep yourself safe.

If your safety is not in immediate jeopardy, an FVIO application may be made directly to the court.
Affected Family Member

An affected family member is defined as any individual harmed and/or affected most severely during an incident of family violence. Police assess risk by reviewing past incidents and any criminal history records; affected family members include adults and children living together (such as partners and siblings) as well as any witnesses to such violence who experience it directly or witness it indirectly. Affected family members can access services like specialist family violence support programs, child and family services or men's services for assistance.

An intervention order against family violence contains certain rules or 'conditions' which must be upheld, and any violation could result in criminal charges against its holders.

An FVO may include provisions that prevent the respondent from communicating with any affected family members through text, email or phone to protect the victim from further abusers who could gain information on what is going on with them or plan for them in their lives. This ensures that alleged perpetrators cannot gain insight into their circumstances.
Protected Person

An individual experiencing family violence can apply to the Magistrates Court for a protective order from domestic abuse, known as an Application for Family Violence Intervention Order (FVO). Such orders can either be issued on an interim or final basis.

The registrar will read your application form and meet with you in a safe place to ask you some questions about what has occurred and why protection from your respondent is necessary - this process is called an interview and support persons may accompany you if needed.

The registrar will inform you of the date and time for your next court appearance; this document is known as your Safety Notice or Summons. If you need to change this date, contact Magistrates Court immediately; it is illegal for respondents to breach family violence intervention orders so if you witness them doing anything against their agreement immediately notify police.
Respondent

Respondent is the term used for those being targeted with intervention orders. For an intervention order to be granted, either applicant (or police in case the application comes directly from them) must present evidence that family violence or prohibited behaviors occurred and that respondent threatened or attempted to threaten or harm them in some manner.

Breaching an interim or final order of protection is a criminal offense, so before making an application for one you should speak with a lawyer and consider whether an undertaking would better fit your circumstances - it doesn't carry legal implications like an order does but still includes conditions and exemptions that might come with such an order of protection.

Intervention orders are subject to subjective criteria that require that those affected fear for their safety or wellbeing. If a respondent doesn't agree with an application they can ask a magistrate to dismiss it by offering an undertaking not to commit family violence or prohibited behaviors in the future.
Court Hearing

Family violence charges may be brought against someone if they threaten or cause physical injury to someone in their relationship, including their partner, ex-partner or children; damage property in any form; or make threats about someone in their life who they consider vulnerable; this action can result in court orders called intervention orders that set conditions about how a family member should behave towards another individual - breaches of these conditions constitute criminal offenses.

An order may include restrictions on where, what and who you may do or talk with, as well as prohibited actions such as stalking or controlling where someone lives, works or attends school; making threats about their safety; stalking others etc.

If you oppose an application for an order, requesting a court hearing to challenge it can help. A magistrate will listen to both your account and any witnesses before rendering their decision on whether or not to grant this application; should they agree, an order could be granted; after making their decision they will send you out a summons or safety notice with details on when you have to appear for their hearing.