In applying for a Family Violence Order (FVO), you should consider whether your safety needs will be met with a Final FVO, or whether you also need an Interim FVO. An Interim FVO is made in circumstances where protection is needed to ensure the safety of the victim(s) and / or their personal property before the Court has the time to consider the application for a Final FVO. Often when an Interim FVO is discussed, the circumstances are considered “urgent” or especially volatile. An Interim FVO may be sought at the conclusion of a relationship, where leaving safely is unlikely to occur unless an Interim FVO is in place, or where the whereabouts or circumstances of the respondent are unknown or unpredictable and elevate the risk to the victim(s).
Both FVO are applied for with the one set of forms, however when applying for an Interim FVO you will be required to give evidence to the Court on the day you make the application. While the respondent is not given notice of the application, or usually an opportunity to appear at the Interim hearing, they are entitled to seek a copy of the evidence you give to the Court following the Interim hearing by way of request for the transcript. They will also be given a copy of the application, regardless of whether the Interim FVO is granted.
During the current Covid19 lockdown in the Australian Capital Territory, you can still apply for a Family Violence Order (FVO). You are able to fill in and file the three forms required electronically or in-person with the ACT Magistrates Court. The forms are readily available on the ACT Magistrates Court website, and there is no fee associated with making the application. When filing them you should ensure you keep a copy of the forms yourself to refer to later on. If you have applied for an Interim FVO, you will be contacted by the Court to attend your Interim Hearing by way of teleconference. You should ensure you are able to attend the teleconference in a quiet space that is free of any distractions or interruptions. The Court officer who will hear the Interim FVO application is often a Deputy Registrar. They will have read the application filed by you, and will have you swear or affirm to the truth of its contents and of any further evidence you may give on the telephone. They may ask you a range of questions which are aimed at determining the extent of the family violence alleged and whether it meets the test for you to be granted an Interim FVO.
Following the Interim Hearing, you may or may not be granted an Interim FVO. If an Interim FVO is granted, it may not always be in the exact terms that you sought. At the conclusion of the Interim Hearing, you will be given a date by the Deputy Registrar to return to Court to attend a Preliminary Conference, the respondent will also be required to attend the Preliminary Conference in relation to your application for a final FVO.
The Australian Federal Police (AFP) will then serve a copy of your application (but not the form that includes your contact details) upon the respondent. If you were granted an Interim FVO, they will also serve a copy of it upon the respondent. Once the Interim FVO is served upon the respondent, it is in effect, and you will be notified of this by the AFP. Any conduct by the respondent that is contrary to the terms of the Interim FVO following service may give rise to a breach of the Interim FVO, and you may contact AFP to report these.
It is best to remember while a FVO is in place for your safety, and the safety of others, it should be treated as a two-way street. While you are the applicant, or the protected person, you should not engage in behaviour that is prohibited by the terms of the FVO. If you are unsure of your obligations while a FVO is in effect, you should seek legal advice.
Attending Court to make an application for an Interim FVO is a lawful exception to the lockdown restrictions. If you feel you need to urgently address your safety, you should call 000 or DVCS on (02) 6280 0900.
Given the personal and often distressing nature of having to tell your story of family or domestic violence, you may not always be your best advocate. If you would like to discuss your matter and how we can assist you, contact us today on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.