Family Violence Intervention Order process

Family Violence Intervention Order process

Family violence incident

Victoria Police attend an incident of family violence or have an incident reported

The affected family member (AFM) attends court to apply for a family violence intervention order (FVIO)

The AFM meets with the registrar to discuss the application

The police decide to apply for an intervention order on behalf of the affected family member.

Police initiated process

Self initiated process

The AFM is offered the opportunity to apply for an interim order

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.

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.