What is a Family Violence Safety Notice?
The police may serve a respondent (person believed to be responsible for family violence) with a Family Safety Notice (FVSN) if responding to a complaint of family violence and there is no existing Family Violence Intervention Order in force and they believe someone needs immediate protection.
Police can apply for a Family Violence Safety Notice even if the affected family member (AFM) doesn’t want it to proceed.
A notice may be issued to protect:
- The affected family member
- Property of the affected family member
- A child or children who were present or saw or heard any instance of family violence
A Family Violence Safety Notice is issued to protect the affected family members before an Intervention Order application is heard in court and is effective immediately, once it has been served on the respondent by a police officer. Once issued, police must serve a copy to the respondent and explain what the notice means. The notice may include the same conditions as a Family Violence Intervention Order and will, in most cases, require the respondent to immediately vacate the premises. The affected family member also gets a copy and the notice is filed with the Magistrates’ Court.
The notice commences when it is served on the respondent and ends when:
- On the mention date for the application for a Family Violence Intervention Order, the Court refuses to make the order;
- On the mention date, the Court makes a Family Violence Intervention Order, and the Order is served on the respondent;
If the respondent does not obey the conditions of the notice, then criminal charges may arise.
See Contravene a Family Violence Safety Notice.FVSN