Family Violence Intervention Order process
There is an incident of family violence
Victoria Police attend an incident of family violence.
The affected family member (AFM) attends court to apply for a family violence application order (FVIO)
The police decide to apply for an intervention order on behalf of the affected family member.
Police initiated process
The AFM meets with the registrar to discuss the application
The police give the AFM and the respondent the paperwork, which tells them the date they should attend court for the mention hearing and any conditions imposed by the police.
Self initiated process
The AFM is offered the opportunity to apply for an interim order
Interim Order Hearing
In this court hearing, the Magistrate will decide if an interim order should be granted.
Victoria Police serves the paperwork on the respondent
Mention Hearing Both the AFM and the respondent are expected to attend.
Mention Hearing Both the AFM and the respondent are expected to attend.
Only the respondent attends court
Both the AFM and the respondent attend court
Only the AFM attends court
The matter is resolved by an undertaking
The respondent consents to the order
The respondent contests the order
The AFM and the respondent request an adjournment
Directions Hearing
This is a procedural hearing in preparation for the Contested Hearing
The AFM can request that the order be granted in the absence of the respondent
The respondent can request that the application be struck out
Contested Hearing
Both the AFM and the respondent have the opportunity to provide evidence. This hearing might take 1-2 days, depending on the number of witnesses.
The Magistrate makes a decision
The Magistrate grants a final intervention order
The application is struck out
The Registrar prepares the written copies of the order and these copies are served on the two parties.
The Registrar prepares the written copies of the order indicating the matter is struck out and notifies the two parties.
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Transcript
Family Violence Intervention Order process
There is an incident of family violence
Victoria Police attend an incident of family violence.
The affected family member (AFM) attends court to apply for a family violence application order (FVIO)
The police decide to apply for an intervention order on behalf of the affected family member.
Police initiated process
The AFM meets with the registrar to discuss the application
The police give the AFM and the respondent the paperwork, which tells them the date they should attend court for the mention hearing and any conditions imposed by the police.
Self initiated process
The AFM is offered the opportunity to apply for an interim order
Interim Order Hearing In this court hearing, the Magistrate will decide if an interim order should be granted.
Victoria Police serves the paperwork on the respondent
Mention Hearing Both the AFM and the respondent are expected to attend.
Mention Hearing Both the AFM and the respondent are expected to attend.
Only the respondent attends court
Both the AFM and the respondent attend court
Only the AFM attends court
The matter is resolved by an undertaking
The respondent consents to the order
The respondent contests the order
The AFM and the respondent request an adjournment
Directions Hearing This is a procedural hearing in preparation for the Contested Hearing
The AFM can request that the order be granted in the absence of the respondent
The respondent can request that the application be struck out
Contested Hearing Both the AFM and the respondent have the opportunity to provide evidence. This hearing might take 1-2 days, depending on the number of witnesses.
The Magistrate makes a decision
The Magistrate grants a final intervention order
The application is struck out
The Registrar prepares the written copies of the order and these copies are served on the two parties.
The Registrar prepares the written copies of the order indicating the matter is struck out and notifies the two parties.