An Order made for the protection of an individual against a family member, intimate partner or relative is known as a Family Violence Order (FVO) in the Australian Capital Territory. You may also know them as a Personal Safety Intervention Order (PSIO) in Victoria, or as an Apprehended Violence Order in New South Wales.
In the Australian Capital Territory alone, it is unfortunate that on a regular day, police will attend numerous call outs for assistance in relation to complaints of a family or domestic violence nature. These may range from complaints about compliance with an existing FVO, a request for an Interim FVO to be made, incidents that may have family violence elements, referrals from associated agencies for welfare checks and actual incidents of family or domestic violence which may range from actual physical violence to threats of violence.
Unlike other jurisdictions, the majority of FVO in the Australian Capital Territory are brought by the victim themselves. An FVO brought by police may be in circumstances where there is significant risk to the victim if they apply for an FVO themselves, or where the FVO is applied for outside of usual Court hours (known as an After-Hours FVO). An After-Hours FVO is intended to provide immediate and urgent protection, to give the victim an opportunity to attend the ACT Magistrates Court and make a formal application for an Interim FVO should they wish to. An After-Hours FVO is only in effect for a maximum of two business days.
The person applying for the FVO is called the “applicant”, with any children who are sought to be included known as “the protected persons”. The person who the FVO is against is known as the “respondent”. While children may be put on the FVO of a parent or legal guardian, it is not uncommon for a child to seek their own FVO, such as against a parent or care giver.
When making an application for a FVO, a person will be required to fill out and file three forms with the ACT Magistrates Court. There is no fee associated with filing for a FVO. These forms include:
1. The application for a FVO in their favour, this form covers the application for both an Interim FVO for their immediate safety (if necessary), and a FVO made on a final basis; and
2. The contact details the applicant is agreeable for the Court to know to ensure the smooth progress of their FVO application, but which can be kept confidential from the respondent; and
3. The contact details and information about the respondent that will assist the police in serving the FVO application, and Interim FVO if granted, upon the respondent.
Regardless of whether you are granted an Interim FVO or not, the respondent will receive a copy of your application, and is entitled to seek a copy of the evidence that you give to the Court in the process of applying for the FVO.
Your circumstances and the level of protection you and others may require may impact upon which FVO is available to you. If you feel you need to urgently address your safety, you should call 000 or DVCS on (02) 6280 0900.
The process for a FVO may feel overwhelming, and it is crucial that the right documents are filed with the right details. Getting detailed family violence advice may be the difference in ensuring you receive an Interim FVO with the right protections to ensure your safety and the safety of others. 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.