Family Violence Intervention Orders & Family Law – A Common Intersection

Family Law: 04 October 2024

Unfortunately, many people experience incidents of domestic violence which either leads to, or occurs during the breakdown of their marriage.

It is a sensitive yet prevalent topic in the realm of Family Law. Everyone has the right to be protected. So how do we know if we are incurring incidents of domestic violence?

For the purpose of this article, we will be explaining the various definitions of ‘family violence’ in Victoria, and how a Family Violence Intervention Order can concurrently exist with Parenting Orders, so that Respondent’s may see their children without breaching a Family Violence Intervention Order that has been placed against them.

What is a Family Violence Intervention Order?

A Family Violence Intervention Order is a court order to protect a person, their children, and their property from a family member, partner or ex-partner. These orders will be issued on an interim basis if there is harmful behaviour which includes but is not limited to:

• Physical acts of violence;
• Sexual abuse;
• Emotional or psychological abuse; or
• Financial abuse.

Family Violence is given a very broad definition. If you have experienced any of the above forms of Family Violence, then you are eligible to apply for a Family Violence Intervention Order as the ‘Affected Family Members’.

Definitions and forms of Family Violence

Under The Family Violence Protection Act 2008 (Victoria), there are legal meanings associated with each different form of Family Violence that someone may incur. This is so that people who are subjected to incidents that extend beyond the realm of physical violence are also protected. Under The Act, Family Violence is defined as ‘any behaviour by a person towards a family member of that person if the behaviour is considered:

1. physically or sexually abusive;
2. emotionally or psychologically abusive;
3. economically abusive;
4. threatening;
5. coercive;
6. in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.

It also extends to the exposure of Children to either ‘hear or witness’ such acts.

Economic Abuse

Economic Abuse is described as any behaviour that is coercive, deceptive or unreasonably controls another person without their consent in a way that either denies someone their economic or financial autonomy, or by threatening to withhold financial support. It extends to incidents where there is coercion to relinquish assets, withholding money from someone who usually has access to a joint bank account, removing or keeping property without permission, and even preventing someone from applying for a job.

Emotional or Psychological Abuse

Emotional and psychological abuse means behaviour by a person towards someone else that ‘torments, intimidates, harasses or is offensive to the other person’. Such examples of this include repeated derogatory taunts, threats to disclose someone’s sexual orientation, denigrating someone due to sexual orientation, threatening to withhold medication, preventing someone from keeping connections with their family, friends or culture, or threatening self-harm or suicide with the intention of tormenting a family member, or threatening the death or injury of another person.

Am I an Affected Family Member?

If you or your children have incurred physical, sexual, emotional, psychological or financial abuse, then you will be able to apply to the Court for a Family Violence Intervention Order provided that you are one of the following:

1. A person who is or has been the offender’s spouse or domestic partner;
2. A person who has an intimate personal relationship with the offender;
3. A relative of the offender;
4. A child of the person who has had an intimate relationship of the offender.

How does this affect my Family law proceedings?

Family Violence Intervention Orders (‘FVIO’s’) can have a significant impact on your Family law proceedings. If an FVIO is placed against you, and lists both your partner and your children as the affected family members, then the Court must take this into consideration when making parenting orders (if it is submitted as evidence).

This is because under section 60CC of the Family Law Act 1975 (Cth), the Court has a paramount obligation to make orders that are in the best interests of the child. In considering this, the Court must consider the importance of protecting the child from being subjected or exposed to physical or psychological harm, or from being subjected or exposed to family violence. This factor is balanced against the importance of the child having a meaningful relationship with both parents.

Family Violence Intervention Order Conditions

It is important to note that many FVIO’s can be subject to a condition referred to as a ‘family law condition’. This condition subjects the FVIO to any parenting orders that are made by the Family Court. However, Family law is a complex area, and no one matter is the same. Therefore, there is no guarantee that an FVIO will have the Family law condition attached to it by a Magistrate.

If you are the Affected Family Member or the Respondent to an FVIO, it is essential to seek legal advice to confirm the nature of your FVIO and to clarify the provisions in the FVIO if the Family Court has provided parenting orders. Breaching an FVIO is a criminal offence.

What happens if I breach an FVIO?

As mentioned above, breaching an FVIO is a criminal offence. You will be charged by the police and will need to attend court to have the matter heard. The court takes these particular offences seriously, and if found guilty of a breach of a FVIO, the Respondent may be given a:

1. Jail sentence;
2. Conviction;
3. Fine;
4. Good Behaviour Bond; or
5. Another penalty that the court sees fit.

Next Steps

Family Violence Intervention Orders are inherently complex and sensitive. If you or/and your children are an Affected Family Member, or if you are a Respondent listed in an FVIO, then it is critical to seek legal advice. Aitken Partners has a team of dedicated professionals who specialise in these matters. Please don’t hesitate to call our office on 03 8600 6000 to speak to one of our highly qualified and experienced lawyers or contact us online.