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I Have Just Been Served With An FVIO
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What you should do in the first 24–48 hours if served with a FVIO
Being served with a Family Violence Intervention Order can be confronting.
You may have had little or no warning. Police may have attended your home. You may suddenly be told that you cannot return to an address, contact someone you love, see certain family members or possess firearms.
You may strongly disagree with the allegations.
But the most urgent question in the first 24–48 hours is usually not, “are the allegations true?” but rather it is, “what does the order currently prohibit me from doing?”
An FVIO is a civil order. It does not itself give you a criminal conviction. But breaching an order can result in criminal charges.
That is why the first few days matter.
Read the order and not just the allegations
The allegations and the conditions are not the same thing.
Your immediate priority is to understand the actual order currently in force.
Check:
- who the protected person or people are
- whether children are included
- whether you can return home
- whether you can call, text or message anyone named
- whether social-media contact is prohibited
- whether you can contact the protected person through someone else
- whether you must stay away from particular places
- whether firearms or weapons are affected
Conditions can regulate where you live, who you contact and how you communicate. If you do not understand a condition, get advice, do not guess.
Check:
- who the protected person or people are
- whether children are included
- whether you can return home
- whether you can call, text or message anyone named
- whether social-media contact is prohibited
- whether you can contact the protected person through someone else
- whether you must stay away from particular places
- whether firearms or weapons are affected
Conditions can regulate where you live, who you contact and how you communicate. If you do not understand a condition, get advice, do not guess.
Do not breach the order because you think it is unfair
You may believe the order is based on false allegations. You may think the conditions are excessive. You may even believe that the protected person wants you to ignore them. None of that makes the order optional.
If an interim order has been made and served, it must be complied with unless and until it is varied, revoked or expires.
A disagreement with the order is something to address through the Court process, it is not a reason to breach it.
If an interim order has been made and served, it must be complied with unless and until it is varied, revoked or expires.
A disagreement with the order is something to address through the Court process, it is not a reason to breach it.
Do not contact the protected person to “clear things up”
This is one of the most common mistakes respondents make.
A person may want to explain themselves. They may want to apologise. They may want to reassure the other person. They may want to ask whether the application can simply be withdrawn. But if contact is prohibited, even a well-intentioned message may create a new problem. Do not assume that because the other person contacted you first you can respond.
The relevant question is, what does your order permit you to do?
A person may want to explain themselves. They may want to apologise. They may want to reassure the other person. They may want to ask whether the application can simply be withdrawn. But if contact is prohibited, even a well-intentioned message may create a new problem. Do not assume that because the other person contacted you first you can respond.
The relevant question is, what does your order permit you to do?
Preserve the evidence
FVIO proceedings often do not exist in isolation.
Tell your lawyer immediately if there are:
- criminal charges
- bail conditions
- parenting orders
- Family Court proceedings
- other intervention orders
- firearms licences
- security licensing
- professional registration issues
- child protection proceedings
These other matters may affect the strategy in the FVIO proceeding.
- criminal charges
- bail conditions
- parenting orders
- Family Court proceedings
- other intervention orders
- firearms licences
- security licensing
- professional registration issues
- child protection proceedings
These other matters may affect the strategy in the FVIO proceeding.
Find out what the first court date is actually for
The first court date is generally not the final contested hearing where every witness gives evidence.
Instead, the Court may need to determine what happens next.
Possible outcomes can include:
- an agreed resolution
- a final order by consent
- negotiation about conditions
- an undertaking
- opposition to the application
- requests for further information
- continuation of interim arrangements
There may therefore be important decisions to make before you arrive.
- an agreed resolution
- a final order by consent
- negotiation about conditions
- an undertaking
- opposition to the application
- requests for further information
- continuation of interim arrangements
There may therefore be important decisions to make before you arrive.
Do not assume the most aggressive response is the best one
A respondent may have several possible strategies.
Depending upon the case, those could include:
Depending upon the case, those could include:
- contesting the application
- negotiating conditions
- consenting without admissions
- exploring an undertaking
- pursuing another negotiated resolution
The right strategy depends on the allegations, evidence, conditions sought, consequences of those conditions, related criminal proceedings and what the client actually needs to achieve.
At Emma Turnbull Lawyers, we do not assume that “fight everything” is automatically the best advice.
Good representation means understanding what matters to the client and identifying the strategy most likely to protect their interests.
What should I bring to my first appointment?
Bring what you have. Do not delay getting advice because your documents are not perfectly organised.
Useful material may include the application, interim order, Family Violence Safety Notice, court notice, police paperwork, criminal charge documents, bail documents, parenting orders, messages, emails, photographs, videos, call records and social-media material.
The first few days of an FVIO proceeding can shape what happens later.
If you have just been served, understand the order first, preserve the evidence and obtain advice before making decisions that may have longer-term consequences.
Have you been served with an FVIO and need to understand your next steps?
You do not have to work through the process alone. Emma Turnbull Lawyers can help you understand the paperwork, consider how the conditions affect your circumstances and prepare for the next court date.
We take the time to understand what matters to you, including the impact on your family, home and work. Bring the documents you have - you do not need to have everything organised before getting in touch.
To discuss an intervention order matter, contact Emma Turnbull Lawyers on (03) 9077 4834.
To discuss an intervention order matter, contact Emma Turnbull Lawyers on (03) 9077 4834.
This article provides general information only and does not constitute legal advice. Intervention order and criminal proceedings depend upon the individual circumstances of each case.
