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Melbourne Family Violence Lawyers
Family Violence, or Domestic Violence is defined in the Domestic and Family Violence Protection Act 2012 as:
“… behaviour by a person towards another person with whom the first person is in a relevant relationship that is physically, sexually, emotionally, psychologically or economically abusive, threatening, coercive or in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.”
Family Violence is a complex issue, not only because of the legal terrain, but due to the close relationships, shared interests, and strong emotions held by both parties.
Family Violence
Intervention Orders
Not only are cases involving family violence given priority by the courts, meaning they will move faster through the system, but in almost all cases, police will immediately make an application for an intervention order against the person accused of family violence.
No evidence is required by the prosecution to secure a charge, and you do not need to be found guilty for an Order to be made against you – that means while your accuser and the prosecutor may not be able to provide physical evidence of family violence against you, an Family Violence Prevention Order can still be made against you, it will stick, and you must comply with it.
Breaching the conditions of a Family Violence Protection Order (IVO) can result in hefty fines, a custodial sentence, or both.
Community Correction Orders
In addition to an IVO, courts may sentence defendants with a Community Correction Order. Community Corrections Order give the court wide and sweeping powers to address what they believe to be the underlying cause of the offender’s behaviour through mandated treatment and rehabilitation, supervision by Corrections Victoria, and unpaid community work. Further, the court can order conditions curtailing the charged person’s behaviour and movement including:
- Curfews
- Prohibition on alcohol or being on licenced premises
- Prohibition on associating with certain people and
- Prohibition on being at certain places.
What do I do if I’m charged with Family Violence?
In matters of intimate and private relationships, it often comes down to one person’s version of the truth against another. At Garde-Wilson Lawyers, we provide you with non-judgmental support and advice, and help you initiate a plan to ensure your rights and interests are represented in court. If you’ve been charged with family violence, or have an application for an IVO made against you, contact us for a confidential, no-obligation consultation to discuss your case.
How does the Court decide on Interim and Final Intervention orders?
The tests for interim and final orders examine different factual matters.
The court may make an interim order if it is satisfied, on the balance of probabilities, that the order is necessary pending a final decision:
- To ensure the safety of the affected family member; or
- To preserve the property of the affected family member; or
- To protect an affected family member who is a child who has been subjected to family violence by the respondent.
On an application for an interim order, the court does not need to find that family violence has occurred. Differently, the test 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.
Section 55 of the Family Violence Protection Act 2008 (Vic) outlines the evidentiary requirements for making interim intervention orders. Section 55 states that the court can make an interim intervention order if:
- The parties consent or do not oppose the making of the order or
- The application is supported by oral evidence or an affidavit
- The application is made by the issue of a certified family violence safety notice.
The Act explicitly states that the affected family member is not obliged to give evidence before the court makes an interim order.
Family Violence Support Services
Legal Advice
Frequently asked question
Do you still have questions?
01What happens when I am served with an intervention order (IVO) in Victoria?
When you are served with a Family Violence Intervention Order (FVIO), you become the “respondent”. You must comply with the order’s conditions immediately — for example, no contact with the protected person, staying away from certain places, or other restrictions.
While the FVIO itself is a civil order, breaching it is a criminal offence and can lead to arrest, bail conditions or court proceedings.
02Can a family violence charge affect my immigration or visa status?
Yes. A family violence charge, especially a conviction, can impact your immigration or visa status. It may affect character assessments, visa renewals, or migration pathways because such offences are often considered “character issues”.
03Can I contact the protected person if they reach out to me first?
Not without legal advice or variation of the order. Even if the protected person initiates contact, the conditions of the intervention order apply to you as the respondent and must be strictly followed. If the order prohibits any communication, reaching out or responding can still constitute a breach and lead to criminal consequences.
04Are there programs or counselling I must complete after a family violence offence?
Yes. If you are charged or convicted of a family violence offence the court may impose a Community Correction Order (CCO) or similar sentence which can include mandated treatment programs, counselling, supervision or behaviour change interventions.
Even with just an intervention order (no criminal charges yet), the court may require you to attend counselling or a behaviour change program as part of bail or conditions.
05Can I apply to vary or remove an intervention order?
Yes. The law allows either the protected person, the respondent, or the court to apply to vary (change), revoke (cancel), or extend an intervention order. The application must show changed circumstances or reasons why the order should no longer or differently apply.
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