This ebook, written by Doogue + George’s Kristina Kothrakis and Kate Da Costa, covers Family Violence Intervention Orders from both sides, whether you’re applying for one or responding to one.
It starts by explaining what family violence actually covers under the law, including physical, sexual, emotional, psychological and financial abuse, as well as situations where a child hears, sees or is present around family violence. It defines the roles of Applicant and Respondent and lists the typical conditions an order might include, such as excluding someone from a home, workplace or school.
For Applicants, the book walks through how to apply for an order, what happens at court including mentions, directions hearings and contested hearings, and how an application can be resolved by consent without admission. It covers what happens with property, how issues involving children and parenting orders intersect with intervention order proceedings, how to apply to change an order down the track, and what happens regarding firearms.
For Respondents, it explains what it means to be served with a Family Violence Safety Notice, the court process that follows, and how interim orders can affect access to children. It goes into real detail on defending allegations at a contested hearing, including how the standard of proof works and why bringing evidence of behaviour change, like completing a Men’s Behaviour Change Program, can matter. There’s also a full breakdown of how firearms licences are affected, including when a Respondent can apply to be declared a non-prohibited person, the limited grounds for seeking costs, what happens if a contested hearing is lost, and how to appeal a Final Order to the County Court within the 30 day time limit.
The book also explains that breaching an intervention order or safety notice is a criminal offence that can lead to imprisonment, that Victorian orders are automatically recognised across Australia if you move interstate, and clarifies that while an intervention order itself won’t show up on a criminal record, a breach of one will.
