Being served with a Family Violence Intervention Order (FVIO) can feel overwhelming, particularly if it has come as a surprise. Many men in Victoria find themselves in this position, often without understanding what it means or what steps they need to take next.
At McDonald Legal, we regularly act for respondents to FVIOs and provide clear guidance on how to navigate the process.
1. What Is an Interim FVIO?
An interim order is a temporary order made by the Magistrates’ Court to provide immediate protection for the affected family member.
- It is usually granted without you being present (known as ex parte).
- It remains in force until your next court date, when the Magistrate will decide whether to continue, vary, or revoke it.
- Breaching the order is a criminal offence, even while it is only interim.
2. Common Conditions in Interim Orders
An FVIO may contain a wide range of restrictions, including:
- Prohibiting contact with the affected family member (calls, texts, social media).
- Banning you from attending the family home or workplace.
- Restricting time spent with children until further orders are made.
It is critical to read the conditions carefully and comply strictly, even if you disagree with the allegations.
3. Your Options at Court
When your matter returns to court, you will usually have three choices:
- Consent Without Admissions
- You can agree to the order being made, but without admitting the allegations.
- This avoids a contested hearing and is not a finding of guilt.
- Negotiate Conditions
- You may be able to seek changes to certain conditions (for example, allowing child contact or access to property).
- Contest the Order
- If you disagree with the order, you can request a contested hearing where both sides present evidence.
4. Impact on Family Law and Work
An FVIO may affect your:
- Parenting arrangements – Courts must consider family violence orders when determining child contact.
- Firearms licences – An FVIO usually results in automatic suspension or cancellation.
- Employment – Some roles require disclosure of FVIOs, especially in security, law enforcement, and certain professional registrations.
5. Why Legal Advice Matters
Responding to an FVIO is not simply a formality. How you respond can affect your family law proceedings, parenting time, reputation, and future employment.
At McDonald Legal, we:
- Explain your rights and obligations clearly.
- Represent you in court and negotiate conditions where appropriate.
- Provide advice on how FVIOs interact with family law, property settlements, and parenting orders.
6. Next Steps If You’ve Been Served
Do not breach the order – even minor or accidental breaches can result in criminal charges.
- Seek legal advice quickly – timeframes between being served and the first hearing can be short.
- Prepare for court – gather any evidence, messages, or witnesses that may assist in your case.
How We Can Help
If you have been served with an interim Family Violence Intervention Order, contact McDonald Legal immediately. We can guide you through the process, protect your rights, and help you reach the best possible outcome.
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