When considering whether to apply for a Family Violence Order (FVO) you should be aware of the options available to you:
1. After-Hours FVO: Intended to be a “stop-gap” measure to ensure safety in the most serious and urgent circumstances, this FVO is brought by police outside of the ACT Magistrate Court hours of operation. It is in effect for a period of two business days and is generally used to ensure the safety of the victim until they can make a fulsome application to the Court for an Interim FVO.
2. Interim FVO: May be granted the same day it is applied for, an Interim FVO is in effect once served and up until it is withdrawn or a Final FVO is determined. While it usually is in effect for less than 12 months, there are circumstances where it may be extended, such as where service upon the respondent is difficult, or where complexities in the matter has seen the listing for a hearing as to the Final FVO get pushed out. An Interim FVO is intended to ensure the protection of person(s) and their property in circumstances where such is needed prior to the Court being able to determine the application for a Final FVO.
3. Special FVO: Where there are related criminal charges, a Special Interim FVO may be made by the Court or convert an existing Interim FVO between the parties. A Special FVO is in effect until such time as it is revoked, the application for a Final FVO is discontinued or dismissed or a Final FVO is made. A Special FVO cannot proceed to hearing of the Final FVO until the related criminal charges have resolved, and so may often remain in effect longer than a Interim FVO to ensure the safety of the protected person(s) as the related criminal matter proceeds.
4. Final FVO: A Final FVO is what the Court determines at a final hearing but can also be consented to between the applicant and the respondent throughout the FVO process. While generally in effect for a period of two years, there are special circumstances that may warrant the Court ordering a FVO be in place for a longer period. Parties usually cannot consent to a Final FVO that is in effect for longer than two years. A Final FVO may also be extended, so long as the application for extension is made prior to the expiry of the existing Final FVO. If the Final FVO has expired, an applicant will need to make a fresh application for a FVO, including seeking an Interim FVO if they require protection in place prior to the Court being able to determine the fresh application.
5. Non-ACT FVO: Obtained in another state, territory or New Zealand, there is often no need for an existing Non-ACT FVO to be registered in the ACT for it to operate. If the Non-ACT FVO was made after 25 November 2017 (excl. Victoria), it will automatically be recognised in the ACT without the need to register it. For a FVO issued in Victoria, such automatic recognition applies to any order made on or after 25 November 2017. All other Non-ACT FVO will however need to be registered to ensure their effect within the ACT. Both automatically recognised Non-ACT FVO, and registered Non-ACT FVO, can be amended or extended in the ACT without the need to return to the issuing jurisdiction.
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.
Getting detailed family violence advice may be the difference in ensuring you receive a 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.