3. How do family violence intervention orders protect children and young people?

What is a family violence intervention order?

3.1​The Family Violence Protection Act 2008 (Vic) (the FVPA or Act) has three purposes:

•​to maximise safety for children and adults who have experienced family violence

•​to prevent and reduce further family violence to the greatest extent possible

•​to promote the accountability of perpetrators of family violence for their actions.^[130]

3.2​The use of family violence intervention orders (FVIOs or orders) is one of the ways that the purposes of the FVPA are achieved. A FVIO is an order made by the court to prevent a respondent from using family violence against another family member.^[131] It is a civil order.^[132] However, if a respondent breaches the conditions in a FVIO, they can be charged with a criminal offence.^[133]

3.3​In 2023–24, there were 46,495 applications for FVIOs in Victoria.^[134]

3.4​There are two kinds of FVIOs:

•​An interim intervention order provides urgent, short-term protection to ensure the safety of adult and children victim-survivors and/or protect property.^[135] An interim intervention order can be made by the court before the perpetrator has been notified of the application, and even if they are not present at court.^[136] An interim order lasts until the court decides whether to make a final order.^[137]

•​A final intervention order provides longer-term protection. The court may make a final FVIO if it is satisfied on the balance of probabilities that the perpetrator has used family violence and is likely to do so again.^[138] The court can only make a final FVIO once the respondent has been served with the application and has been given the opportunity to appear in court.^[139]

3.5​A FVIO contains conditions to stop the perpetrator of family violence (known as the respondent to the FVIO) from causing further harm to the victim-survivor (the affected family member) and other protected people.^[140] The court can include more than one protected person on a FVIO or it can make multiple FVIOs to protect people from the same perpetrator.^[141]

3.6​The conditions the perpetrator must follow are determined by the court, which also decides how long the order will last.^[142] Conditions on FVIOs vary and affected family members can request the inclusion of certain conditions. Examples of conditions can be found on the Magistrates’ Court website.^[143] They may include conditions that a respondent:

•​must not commit family violence against protected persons

•​must not contact a protected person at all

•​must not come within 100 metres of the protected person’s home, school or workplace

•​must not contact a protected person unless in the company of a police officer or a specified person

•​must not publish information about the protected person on the internet, or contact them by email or on social media

•​must not contact the protected person through someone else (for example, using a family member to pass on messages)

•​must not contact a protected person when under the influence of drugs

•​must attend counselling or receive treatment.^[144]

3.7​A protected person may still want to have contact with the respondent in limited circumstances, in which case the court can make a ‘limited order’ or ‘safe contact order’ permitting this.^[145]

Court processes for family violence intervention orders

3.8​The Magistrates’ Court of Victoria and the Children’s Court of Victoria both have jurisdiction to hear matters under the FVPA.^[146]

3.9​The Children’s Court is an independent court established under the Children, Youth and Families Act 2005 (Vic) (Children Youth and Families Act) to hear cases involving the care and protection and criminal offending of children.^[147] The Family Division of the Court hears matters relating to child protection and FVIOs.

3.10​Most applications for FVIOs are heard in the Magistrates’ Court of Victoria (96 per cent in 2023–24).^[148] However, the Family Division of the Children’s Court may also deal with FVIO matters involving a child (through concurrent jurisdiction^[149]) where:

•​if at the time of the application, the affected family member, protected person or respondent is under 18

•​both the affected family member and the respondent are adults, and the Children’s Court is hearing related child protection proceedings under the Children, Youth and Families Act.^[150]

3.11​An application that begins in the Children’s Court may be transferred to the Magistrates’ Court, or the other way around, if the court determines that a matter should be dealt with by the other court.^[151]

3.12​The Magistrates’ Court includes a specialist division that deals with FVIO matters, called the Specialist Family Violence Court Division.^[152] Specialist Family Violence Courts were designed to enhance the safety of victim-survivors at court, streamline the hearing of family violence matters and improve victim-survivors’ experiences of the court system. They were expanded across all Magistrates’ Court Headquarter Courts following a recommendation by the Royal Commission in 2016.^[153] There are now 13 Specialist Family Violence Courts operating across Victoria.^[154]

3.13​In 2023–24, 75.6 per cent of applications for FVIOs in the Magistrates’ Court were heard in a Specialist Family Violence Court.^[155]

Children on family violence intervention orders

3.14​In 2023–24, there were 26,188 children listed as affected family members on FVIO applications across the Magistrates’ and Children’s Courts.^[156] In applications that included a child, 78 per cent resulted in a final FVIO being made.^[157]

How are children included on FVIOs?

3.15​A child may be protected by a FVIO:

•​by applying for an order themselves, with the leave of the court, if they are over the age of 14^[158]

•​by Victoria Police applying on their behalf^[159]

•​when an adult affected family member who is a parent of the child applies for a FVIO for the child, or includes the child in their own application^[160]

•​when another adult applies on a child’s behalf^[161]

•​on an order that protects another affected family member or on their own order that the court makes at the same time as it is deciding whether to make an order for another affected family member.^[162]

3.16​Often, children are included on FVIOs because police have issued a family violence safety notice (safety notice).^[163] A safety notice provides immediate protection and is issued on the spot by police when investigating violence. Safey notices include conditions to stop a person from using family violence and they act as an application to the court for a FVIO.^[164] The court hearing must be held within 14 days of the safety notice being issued.^[165] Breaches of safety notices can be prosecuted as a criminal matter.^[166]

3.17​Almost three-quarters of FVIO applications in Victoria are initiated by the police (72.6 per cent in 2023–24).^[167] Between June 2020 and July 2024, there were 142,719 applications for a FVIO made in the Magistrates’ Court for an affected family member aged 17 and under. Of these, 68.4 per cent were made by police.^[168]

3.18​It is Victoria Police policy that police consider including children on a FVIO application where children are exposed to family violence and recorded on the affected family member’s Family Violence Report (L17 form), even if they are not present at an incident.^[169] In most circumstances a child will be named on an application for a FVIO with the adult victim-survivor.^[170]

Applications by children

3.19​A child over the age of 14 who wishes to apply for a FVIO themselves must first ask the court for permission, known as ‘leave to apply’.^[171]

3.20​When the court is deciding whether to grant leave, it must be satisfied that the child ‘understands the nature and consequences of a family violence intervention order’.^[172] Some things a magistrate may consider are:

•​why the child wishes to be the applicant

•​how old and how mature they are

•​the nature of the allegations of family violence being made

•​the child’s relationship with the respondent and other family members

•​whether someone else could apply for the child

•​the need to promote positive relationships between a child and the child’s parents or other family members

•​for First Peoples children, the need to maintain and build connections to their family and community

•​the impact that participating may have on the child’s safety and development

•​what the harm might be if there is a delay because the child is not allowed to apply.^[173]

3.21​Court data indicates that applications by children under 18 are uncommon compared to applications made by police to protect a child. Data supplied by the Crime Statistics Agency to the Commission indicates that in 2023–24, police were the applicant in 67 per cent of cases where a FVIO was sought for a child in the Magistrates’ Court (23,232 of 34,651 cases), followed by parents applying for orders for their children (28.1 per cent or 9,732 of 34,651 cases).^[174]

3.22​It is rare for children to apply for their own FVIOs. People under 18 were applicants in less than one per cent of FVIO applications made to protect a child in the Magistrates’ Court in the 2023–24 financial year (77 of 34,651 cases).^[175] In the Children’s Court, people under 18 were the primary applicant in four per cent FVIO applications for children (50 of 1,246 cases).^[176] Instead, children and young people are typically protected by FVIOs because another person has applied on their behalf, or because they are included as a protected person on an affected family member’s order.

3.23​Although data suggests that applications by children and young people are uncommon, a Youthlaw representative told us that older children do wish to make these applications:

We do have quite a few enquiries where young people are 16 or 17 and they’re needing help getting protection from a parent, but police don’t think that what is happening is enough to seek a FVIO on their behalf. These young people want to get their own FVIO. They don’t quite qualify for a welfare response, they’re not getting a response from police, so they’re seeking help from Youthlaw to become an independent minor.

It’s quite common to see a young person whom the court has said has to live with parent A, who had no say in this, who then experiences violence from parent A. The young person then seeks advice from Youthlaw about getting a FVIO against parent A and getting an order against parent B revoked.^[177]

Requirement to consider children when making FVIOs

3.24​When the court is deciding whether to make an interim or final FVIO, it must consider any child who might need protection.^[178]

3.25​If the court determines that there is a child who has been subjected to family violence and that an order is needed to protect the child or ensure their safety, the court must make an order for the child. It can do this by:

•​including the child on the order the court makes for the adult affected family member. The court must do this where it is making an order for an adult and a child has ‘substantially the same’ need for protection.^[179]

•​making separate orders for the child and the adult affected family member, if their needs are different.^[180]

•​making an order for the child alone. The court may do this even where it has decided that an adult does not need protection.^[181]

3.26​The court must consider including children in a FVIO even if the applicant has not asked for children to be included.^[182]

3.27​The court can also make a FVIO to protect a child of its own motion (without anyone applying). It can do this:

•​during bail applications or appeals, or during criminal proceedings^[183]

•​when the Children’s Court is hearing child protection matters. The court may consider whether it is in a child’s best interests for a FVIO to be made and may make a FVIO during those proceedings.^[184]

3.28​Data provided by the Crime Statistics Agency to the Commission also indicates that there are relatively few cases in which the court makes a separate order for a child rather than including the child on an adult’s affected family member’s order. In the 2023–24 financial year, the number of separate orders made for children was less than one per cent across both interim and final order applications in both the Children’s and Magistrates’ Courts (See table B).^[185] In consultation, Victoria Legal Aid observed:

The court is able to split out orders for family members, so children can be on separate orders to parents … to give children more autonomy and to tailor conditions specifically for children. This was the purpose of the law when it was crafted – it was envisioned for use in scenarios when teenagers were adamant about wanting an order with different conditions. … But the power to split the orders out is underutilised.^[186]

Table B: Number of FVIO applications in Magistrates’ and Children’s Court by applicant, where the protected person was a child, July 2023–June 2024^[187]

Hearing the views of children under the Family Violence Protection Act

In the Magistrates’ Court

3.29​The preamble to the FVPA recognises that children exposed to family violence are particularly vulnerable and that it may have a serious impact on their current and future wellbeing.^[192] The Act includes measures aimed at protecting children from the impact of legal conflict on themselves and their families. To do this, it restricts the circumstances in which children may be present and participate in court processes that relate to the FVIOs that protect them.

3.30​In addition to the rules about children making applications, the FVPA also limits when children may:

•​be present at court^[193]

•​be legally represented in proceedings^[194]

•​give evidence in court.^[195]

3.31​These restrictions are meant to minimise a child’s exposure to the court system because of the trauma children may suffer.^[196]

3.32​A child must not be present during a FVIO proceeding without permission of the court if they are:

•​an affected family member or protected person

•​a family member of the respondent, the affected family member, or a protected person.^[197]

3.33​A child who is not the applicant or the respondent may only be legally represented in FVIO proceedings with the leave of the court. The court must consider it appropriate in all the circumstances of the case.^[198]

3.34​A child who is not an applicant or a respondent may not give evidence in FVIO proceedings, unless the court grants leave.^[199]

3.35​When deciding whether to grant a child leave to be represented or to give evidence, the court must consider:

•​the desirability of protecting children from ‘unnecessary exposure to the court system’; and

•​the harm that could occur to the child and family relationships if the child is directly represented in proceedings.^[200]

3.36​Rules about these matters are also contained in the laws regulating court procedures. These include the Magistrates’ Court Act 1989 (Vic) (Magistrates’ Court Act) and the Children Youth and Families Act.^[201]

3.37​Under the Magistrates’ Court Act, Specialist Family Violence Courts have special powers designed to support a safer and more accessible court experience for victim-survivors. These include the ability to:

•​make special arrangements for how a witness gives evidence

•​limit the people who are present during evidence to only those people involved in the case.^[202]

3.38​The provisions in the Magistrates’ Court Act that establish the Specialist Family Violence Courts further regulate how children and young people may participate in FVIO proceedings. Under section 4L of the Magistrates’ Court Act, a child who is a family member of a party of an affected family member must not be present during FVIO proceedings or be called as a witness unless the child is the respondent or the Court makes an order permitting this.^[203]

3.39​The rules on children being present and giving evidence in the FVPA mean that, unless the Magistrates’ Court determines otherwise, the Court will not hear directly from a child about their views and wishes.

3.40​An application for a FVIO requires the applicant to include information about children who are in an affected family member’s care or who live with an affected family member, including their age.^[204] We heard that, in practice, further information about a child’s situation is often provided by a police applicant or an affected family member.^[205] A representative of Victoria Police advised that police applicants may discuss applications with young people where they are ‘older (e.g. aged 16–17), mature and desire to be engaged’.^[206] However, we also heard from young people who wanted to be present in court but were not permitted to be.^[207]

In the Children’s Court

3.41​By contrast, the legislation establishing the Children’s Court (the Children, Youth and Families Act) contains several provisions that promote the best interests and participation of children in proceedings. These child-centred legislative provisions are not mirrored in the Magistrates’ Courts Act or FVPA.

3.42​For example, section 10(1) of the Children Youth and Families Act stipulates that the best interests of the child must always be paramount in any decisions or actions taken by the Children’s Court in the Family Division. Section 10(2) further provides:

When determining whether a decision or action is in the best interests of the child, the need to protect the child from harm, to protect his or her rights and to promote his or her development (taking into account his or her age and stage of development) must always be considered.^[208]

3.43​When considering the child’s best interests in Family Division proceedings, the Children’s Court must consider the child’s views and wishes ‘if they can be reasonably ascertained’, and the effects of ‘cumulative patterns of harm on a child’s safety and development’.^[209]

3.44​However, in making decisions under the FVPA, the Children’s Court is expressly ‘not required to have regard to the principles set out in Part 1.2 of the Children, Youth and Families Act, including the ‘best interests’ principles in section 10.^[210] Despite this, in consultations, we heard that the Children’s Court is typically more willing to hear from children and young people than the Magistrates’ Court, particularly where views about a FVIO are being heard as part of related child protection proceedings to which section 10 applies.^[211]

3.45​Section 522 of the Children, Youth and Families Act requires the Court, as far as practicable in any proceeding, to:

•​allow the child to participate fully in the proceeding

•​consider any wishes expressed by the child

•​respect the cultural identity and needs of the child

•​ensure the child understands the nature and implications of the proceeding and of any order made in the proceeding.^[212]

3.46​There is no equivalent requirement in the FVPA or the Magistrates’ Court Act. Young people raised concerns about not being able to participate in FVIO proceedings that affected them, and not being able to have a say about the duration of their order. Most of these concerns were tied to matters heard in the Magistrates’ Court, which hears the majority of FVIO matters relating to children and young people. We discuss the views we heard from the community about the differences between the courts in Chapter 5.^[213]

Outcomes of final family violence intervention order hearings

3.47​Once the respondent has been served with notice of an application for a final order, they are given the opportunity to come to court to say whether they oppose a final FVIO being made against them.^[214] A respondent may be represented by a lawyer and may apply for legal aid.^[215]

3.48​At a final hearing a respondent may:

•​agree to an intervention order being made (a consent order)

The respondent can agree to the order being made without admitting to using family violence. This is called ‘consent without admissions’. A respondent may consent to the order after negotiating for different conditions to those the applicant has asked the court to make.^[216]

•​give a written promise to follow conditions (an undertaking)

A respondent may give a commitment that they will not use violence against the affected family member. Undertakings are not frequently used. When police apply on behalf of an affected family member, usually they will not agree to an undertaking instead of an order.^[217] Because an undertaking is a promise made by the respondent, rather than an order of the court, police cannot charge a respondent for breaching an undertaking.^[218]

•​argue against the order (contest the order). The respondent may argue against the order being made or against any of its conditions.^[219]

not appear at court. The court may make the order even if the respondent is not present. If the order is granted, the respondent will be served with a copy after the hearing.^[220]

3.49​If the order or the conditions of the order are contested, the magistrate will hear evidence from witnesses and decide whether to make a FVIO.^[221]

3.50​The court may make a final order if it is satisfied on the balance of probabilities that:^[222]

•​the respondent has committed family violence against the affected family member; and

•​they are likely to continue to do so.^[223]

3.51​If the court makes a final FVIO, it replaces an interim FVIO.^[224]

Appealing a FVIO

3.52​A party can appeal the court’s decision to make or refuse a final FVIO.^[225] If someone files an appeal, the FVIO can continue until the appeal is decided, subject to any order to the contrary.^[226]

3.53​Appeals are mainly heard in the County Court of Victoria.^[227] In 2023–24, only 10.7 per cent of FVIO appeals heard in the County Court involved a child or young person (nine of 84 appeals).^[228] Representatives of the County Court observed that it is rare for the County Court to see children in the Family Violence list.^[229]

Family violence intervention order conditions for young people

3.54​The FVPA outlines how a FVIO interacts with other court orders, including child protection and parenting orders. In Chapter 4 we discuss the overlap between FVIOs and other orders for children and how this might influence decisions by magistrates about the duration of FVIOs.

Child protection orders

3.55​The Children, Youth and Families Act gives the Family Division of the Children’s Court the power to make orders to protect children from violence, abuse, neglect and other forms of harm occurring inside their family.^[230] Applications are made by the Victorian Child Protection Service, which sits in the Department of Families, Fairness and Housing (DFFH).^[231] Child protection orders end when a child turns 18.^[232]

3.56​When considering a FVIO application, the court must enquire whether there are any child protection orders for a child affected family member. If so, the conditions in the FVIO may override the child protection order.^[233] For example, if a child protection order sets conditions about a child’s contact with a respondent, the court making the FVIO may determine that the contact puts the child at risk of family violence and the FVIO will prevail.^[234]

3.57​The court is required to notify DFFH if the FVIO ‘is or may be inconsistent with a child protection order’.^[235] DFFH may then decide whether to apply to court to change the child protection order.^[236]

Parenting orders under the Family Law Act 1975 (Cth)

3.58​The FVPA includes provisions to address inconsistencies between FVIOs, which are made by state courts, and parenting orders, which are made under the Family Law Act 1975 (Cth) (Family Law Act).^[237]

3.59​The Family Law Act deals with arrangements for children’s care after parents separate in circumstances where at least one of the parties seeks the court’s involvement.^[238] Under the Family Law Act, courts with the power to hear applications for parenting orders may deal with issues such as which parent/s a child lives with, who they have contact with and how, and how parental responsibility for a child is shared.^[239] Parenting orders also expire when a child turns 18.^[240]

3.60​Usually, a Family Law Act order will prevail over an order made under the FVPA.^[241] A respondent is required to comply with the conditions of whichever order was made later. The Family Law Act and FVPA require courts to consider orders made by a state court or the Federal Circuit and Family Court of Australia (Family Court) when making a FVIO or parenting order, to limit inconsistency.^[242]

3.61​Under the FVPA, the Magistrates’ or Children’s Court is required to consider whether a Family Law Act order exists.^[243] If so, the court has the power to change, discharge, or suspend the parenting order to make sure that people are protected from family violence.^[244] This is designed to ensure that people are protected from family violence that occurs after the Family Court has made a Family Law Act order.^[245]

3.62​To decide if a Family Law Act order must be changed, the court must consider if it would jeopardise the child’s safety to live with, spend time with, or communicate with the perpetrator.^[246] If so, the court must include a condition in the FVIO to prevent the perpetrator from having these forms of contact with the child.^[247] The court may also vary the Family Law Act order in other ways, such as changing how one parent is allowed to have contact with the other.^[248]

3.63​The court may still find that a child’s safety would be at risk, even if violence by the perpetrator has not been directed towards the child.^[249]

3.64​While Family Law Act orders prevail over FVIOs, if the Family Court makes a parenting order, it must consider whether a FVIO is already in place. If so, it must make any parenting order in a way that is consistent with the FVIO.^[250]

3.65​In consultation, we heard that the interaction of the state courts’ power to make FVIOs and the Federal Court’s power to make Family Law Act orders frequently causes significant confusion to parties.^[251]

3.66​The relationship between parenting orders and FVIOs is significant because many children and young people are exposed to family violence in the context of parental separation and disputes over childcare. Relationship breakdown is a risk factor in the escalation of family violence. The Federal Parliamentary Inquiry into Family Violence Orders found that, of applications made to the Family Court for final Family Law Act orders:

•​83 per cent of matters involved allegations of family violence

•​77 per cent involved allegations of family violence experienced by a child.^[252]

3.67​In submissions, we heard:

The risk of family violence towards women and children is particularly high following separation from a spouse or intimate partner. Violence may also escalate at the time that court proceedings are happening, including proceedings in the Family Court relating to property, financial and parenting matters.^[253]

3.68​The Federal Parliamentary Inquiry into Family Violence Intervention Orders also recognised that, despite powers under state legislation to protect children under FVIOs, courts ‘are reluctant to include children on FVIOs, particularly where family law proceedings are underway, or parenting orders are already in place’.^[254]

3.69​The issue of inconsistency and confusion about the interaction of the Family Court and FVIO jurisdictions is further discussed in Chapters 5 and 6.

Changing a family violence intervention order

3.70​A FVIO can be changed or removed before it expires, which is called varying or revoking an order. To change the conditions of a FVIO, a party can make an application to vary the order.^[255]

3.71​At a hearing, the court will decide if the application to vary or revoke the order should be granted. The hearing will follow the same procedure as a hearing to make a FVIO. This means that children will usually not be represented, will not be present at court, and will not give evidence, unless the court allows this. Some of the things the court must consider in deciding whether to vary or revoke the order include:

•​the reasons the person has asked for the order to be changed or removed

•​the protected person’s safety

•​what the protected person thinks about whether the order should be changed or removed

•​whether the protected person is legally represented; and

•​if they have a guardian, the guardian’s views.^[256]

3.72​If the court decides that the order should not be revoked, it can vary the order instead. For example, the court may decide that a protected person’s safety would be at risk if the order were removed but that some conditions may be relaxed.^[257]

3.73​It can also vary or revoke the order for one protected person but enable the FVIO’s protection to continue for another person, including a child.^[258] For example, the court may vary an order on application by a party to allow the respondent and an adult affected family member to have contact. However, if the court considers that a child needs to be protected from contact by the respondent, it can make a new order for the child with different conditions.^[259]

Extending a FVIO

3.74​The court may also extend a final FVIO to change its expiry date.^[260] The court may grant an extension of an order if it is satisfied on the balance of probabilities that the respondent is likely to commit family violence again if the order is not extended.^[261] The court may take into account:^[262]

•​the history of the relationship

•​the reasons for the original order

•​any interactions between the respondent and the protected person since the order was made.^[263]

3.75​Victoria Legal Aid recommends that an application to extend a FVIO be made at least four weeks before the order expires to ensure that the court can consider it in time.^[264]

3.76​If an order has expired, it is not possible to seek an extension. A child or young person must also be 14 years or older and obtain the leave of the court to apply to extend an order.^[265] Some of the concerns that have been raised about young people or other affected family members seeking to extend a child’s FVIO beyond 18 are considered in Chapter 5.

129. ​Submission 10, Stage 1 (South-East Monash Legal Service).

     ↑

130. ​Family Violence Protection Act 2008 (Vic) s 1. See also: Preamble. See also: Victoria, Parliamentary Debates, Legislative Assembly, 26 June 2008, 2645 (Robert Hulls, Attorney-General)..

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131. ​Family Violence Protection Act 2008 (Vic) s 11.

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132. ​A civil matter is a legal dispute between parties rather than a criminal prosecution brought by the State against a person. The civil standard of proof is ‘on balance of probabilities’ which requires a party to prove an allegation as more likely than not. Civil orders do not result in a person getting a criminal record. See Glossary. See also: Barwon Community Legal Service, Fact Sheet: Criminal, Civil and Administrative Law (Fact Sheet, Barwon Community Legal Service, 1 February 2022) 2 <https://www.barwoncommunitylegal.org.au/wp-content/uploads/2022/02/Fact-Sheet-Criminal-Civil-and-Administrative-Law.pdf>; ‘Legal Words’, Victoria Legal Aid (Web Page, 30 April 2024) <https://www.legalaid.vic.gov.au/legal-words> (online at 15 July 2025), ‘Balance of probabilities’.

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133. ​Family Violence Protection Act 2008 (Vic) ss 123, 123A, 125A.

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134. ​Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2024) Justice System Data Tables 2024, Table 14: Number of FVIO applications by outcome and court, 1 July 2019 to 30 June 2024, Financial year 2023-24 <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 16 July 2025). An individual application may include more than one person, as in cases where a child has been included on a parent’s application under s 47 of the FVPA. This figure includes applications for new FVIOs as well as applications for extensions, revocations or variations. A FVIO was made or reinstated in 73.4% of these applications (34,116 cases).

     ↑

135. ​Family Violence Protection Act 2008 (Vic) s 53.

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136. ​Ibid s 54.

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137. ​Ibid ss 59, 60.

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138. ​Ibid s 74.

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139. ​Ibid ss 48, 60I, 61.

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140. ​Ibid s 81.

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141. ​Ibid ss 76(2), 76(4).

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142. ​Ibid ss 97, 99. We discuss the duration of FVIOs at Chapter 4.

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143. ​‘Family Violence Intervention Orders (FVIO)’, Magistrates’ Court of Victoria (Web Page, 15 April 2025) <https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio>.

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144. ​Ibid; See also ss 81, 82, 86 and Part 5 of the Family Violence Protection Act 2008 (Vic) which provides for the court to require a respondent to attend counselling to support accountability and behaviour change.

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145. ​These terms are not defined in legislation. See ‘Family Violence Intervention Orders (FVIO)’, Magistrates’ Court of Victoria (Web Page, 15 April 2025) <https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio>.

     ↑

146. ​Family Violence Protection Act 2008 (Vic) ss 4, 146(1).

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147. ​‘About the Children’s Court’, Children’s Court of Victoria (Web Page, 2021) <https://www.childrenscourt.vic.gov.au/about>.

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148. ​Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2024) Justice System Data Tables 2024, Table 14: Number of FVIO applications by outcome and court, 1 July 2019 to 30 June 2024. <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 9 July 2025).

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149. ​Concurrent jurisdiction arises when two or more courts have the power to hear the same case.

     ↑

150. ​Family Violence Protection Act 2008 (Vic) ss 146-147(A); Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2024) Justice System Data Tables 2024, Table 17: Number of respondents on FVIO applications by age group, gender, and court, 1 July 2019 to 30 June 2024 <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 9 July 2025). 97.9% of matters involving respondents under 18 were heard in the Children’s Court in 2023-24.

     ↑

151. ​Family Violence Protection Act 2008 (Vic) s 148. See also s 149, which gives the court the power to vary, revoke or extend an order made on appeal, and s 60K under which the Children’s Court or Magistrates’ Court will hear proceedings for a final order where an interim order has been made by the Supreme Court or County Court.

     ↑

152. ​Magistrates’ Court Act 1989 (Vic) ss 4IA, 4IB.

     ↑

153. ​Victorian Government, ‘Extend the Functions of Family Violence Court Division Courts to Other Courts: Recommendation 60’, The Family Violence Recommendations (Web Page, 28 January 2023) <https://www.vic.gov.au/family-violence-recommendations/extend-functions-family-violence-court-division-courts-other-courts>.

     ↑

154. ​‘Specialist Family Violence Courts’, Magistrates’ Court of Victoria (Web Page, 23 May 2024) <https://www.mcv.vic.gov.au/about/specialist-family-violence-courts>.

     ↑

155. ​33,725 of 44,622 applications in the financial year 2023-24. Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2024) Justice System Data Tables 2024, Table 14: Number of FVIO applications by outcome and court, 1 July 2019 to 30 June 2024. <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 9 July 2025).

     ↑

156. ​Ibid Justice System Data Tables 2024, Table 18: Number of victims on FVIO applications by age group, gender, and court, 1 July 2019 to 30 June 2024. (accessed 9 July 2025).

     ↑

157. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025) In the Children’s Court, 82% of applications including a child resulted in an interim and final FVIO being made.

     ↑

158. ​Family Violence Protection Act 2008 (Vic) ss 45(d)(iii), 46(2).

     ↑

159. ​Ibid s 45(a).

     ↑

160. ​A ‘parent’ includes a person who has responsibility for the long-term welfare of a child and has parental responsibility for them law or by custom, and is a person with whom the child normally or regularly resides: Family Violence Protection Act 2008 (Vic) s 4. While a parent may apply for a FVIO for a child under s45(d), if a child is included on an application for a parent under s47, the applications must arise out of the same or similar circumstances: at s 47(1).

     ↑

161. ​Ibid s 45(d)(ii) The written consent of the child’s parent’s or leave of the court is required. This may include a child protection practitioner where the Department of Families, Fairness and Housing (DFFH) has sole parental responsibility for a child, or where the DFFH does not have parental responsibility for a child but a parent or member of police does not make the application. Department of Families, Fairness and Housing (Vic), ‘Application for a Family Violence or Personal Safety Intervention Order on Behalf of a Child’, Child Protection Manual (Web Page, 1 March 2016) <https://www.cpmanual.vic.gov.au/policies-and-procedures/court/family-violence/application-family-violence-or-personal-safety>. See also: Family Violence Protection Act 2008 (Vic) s 45(e), which enables a guardian or person with power of attorney in personal matters to apply on a victim survivor’s behalf.

     ↑

162. ​Family Violence Protection Act 2008 (Vic) ss 53AA, 53AB, 60F, 77(2)(b), 77B.

     ↑

163. ​‘Family Violence Safety Notices’, Victoria Legal Aid (Web Page, 27 June 2024) <https://www.legalaid.vic.gov.au/family-violence-safety-notices>.

     ↑

164. ​Family Violence Protection Act 2008 (Vic) s 31(1).

     ↑

165. ​Ibid s 31.

     ↑

166. ​Ibid ss 37, 38.

     ↑

167. ​Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2024) Justice System Data Tables 2024, Table 15: Number of finalised FVIO applications by application type, complainant type, and court, 1 July 2019 to 30 June 2024, by number of matters finalised in the financial year 2023-24. <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 9 July 2025).

     ↑

168. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025) Police were the applicant in 97,627 of 142, 719 cases. In consultation, Victoria Police indicated it is now the applicant in 80% of cases: Consultation 9, Stage 1 (Victoria Police). This is because police respond to family violence incidents and have special powers under the Act to take action against a perpetrator of family violence via Family Violence Safety Notices. See; Family Violence Protection Act 2008 (Vic) pt 3.

     ↑

169. ​Information provided to the Commission by Victoria Police, 9 July 2025.

     ↑

170. ​Victoria Police, Code of Practice for the Investigation of Family Violence (Report, 2022) 47, ‘5.3.1.2-Child victims’. <https://www.police.vic.gov.au/sites/default/files/2022-11/Code-of-practice-for-the-investigation-of-family-violence-Edition-4-Version-2.pdf> A separate application for a FVIO is made by police in situations where the child or young person requires unique conditions that are not required for the adult victim.

     ↑

171. ​Family Violence Protection Act 2008 (Vic) ss 45, 46(1).

     ↑

172. ​Ibid s 46(2).

     ↑

173. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.1.4.1 Who is eligible to make an application?’ <https://resources.judicialcollege.vic.edu.au/article/1053062> The court may also consider any other matters it considers relevant.

     ↑

174. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025) Police and parents were the applicants for FVIOs for a child affected family member in 23,232 and 9,732 cases respectively, out of 34,651 cases overall. In the Children’s Court, police were the applicant for 79.6% of applications for children in the same period (922 of 1246 cases).

     ↑

175. ​Or 0.22% of cases. Ibid.

     ↑

176. ​Ibid. These figures combine data on children who were primary applicants and affected family members on an application, and those who were the primary applicant and sought leave of the court to apply for a FVIO. In providing data to the VLRC, the Crime Statistics Agency noted that how child applicants are categorised in this data may vary.

     ↑

177. ​Consultation 3, Stage 1 (Youthlaw).

     ↑

178. ​Family Violence Protection Act 2008 (Vic) ss 52A, 73I.

     ↑

179. ​Ibid ss 53AA(2)(a), 70(2)(a).

     ↑

180. ​Ibid ss 53AA(2)(b), (3), 60F(2)(a), 77(2)(b), 77(3).

     ↑

181. ​Ibid ss 55AB, 77B.

     ↑

182. ​‘Children and Family Violence Intervention Orders’, Victoria Legal Aid (Web Page, 18 July 2024) <https://www.legalaid.vic.gov.au/children-and-family-violence-intervention-orders> The court must also make a final order for a child of an additional applicant when making an associated final order for another adult, if that child has also been subjected to behaviour which would be family violence if they were related to the respondent. See Family Violence Protection Act 2008 (Vic) ss 76, 77A.

     ↑

183. ​Family Violence Protection Act 2008 (Vic) ss 60B, 60C. As above at 3.26, s 60F requires the court to make such an order if it necessary to protect a child or their safety.

     ↑

184. ​Children, Youth and Families Act 2005 (Vic) ss 8, 515(2). The court may make an order on application by a party to the proceedings.

     ↑

185. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025); This may reflect current police practice of including children on an adult affected family member’s FVIO unless there are differing protective needs for a child. See: Victoria Police, Code of Practice for the Investigation of Family Violence (Report, 2022) 47, ‘5.3.1.2-Child victims’. <https://www.police.vic.gov.au/sites/default/files/2022-11/Code-of-practice-for-the-investigation-of-family-violence-Edition-4-Version-2.pdf>.

     ↑

186. ​Consultation 8, Stage 1 (Victoria Legal Aid).

     ↑

187. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025) Table B includes all cases in which a FVIO application was made to protect a child, including both applications in which the child was the primary affected family member and those in which the child was included on an application made for another affected family member.

     ↑

188. ​Final orders made under Family Violence Protection Act 2008 (Vic) s 77(2)(b); Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025) Section 77 provides that the court must make a final order for a child if it makes an order for an affected family member. Section 77(2)(b) enables the court to make a separate final order for a child in cases where the child’s need for protection is not substantially the same as the adult protected person.

     ↑

189. ​Interim orders made under s 53AA(2)(b) of the Family Violence Protection Act 2008 (Vic); Section 53AA states that the court must make an interim order for a child if it makes an order for an affected family member. A separate interim order may be made for a child under s 53AA(2)(b) where their need for protection is not substantially the same as the adult protected person’s. Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025).

     ↑

190. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025). ‘Other’ applications include those made by an associate of a respondent or protected person, and applications made during an existing proceeding. These represent a small number of cases and have been omitted because they do not relate directly to the issue the Commission is considering in this law reform project.

     ↑

191. ​Per the approach taken by Crime Statistics Agency, to maintain confidentiality, sensitive counts (i.e. those with a value of 1 to 3) are displayed as ‘≤ 3’ and are given a value of 2 to calculate totals. As a result, totals across the report may vary.

     ↑

192. ​Family Violence Protection Act 2008 (Vic), Preamble.

     ↑

193. ​Ibid s 150(1).

     ↑

194. ​Ibid s 62.

     ↑

195. ​Ibid s 67.

     ↑

196. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.5.3 Protecting children in court’ <https://resources.judicialcollege.vic.edu.au/article/1053062>.

     ↑

197. ​Family Violence Protection Act 2008 (Vic) ss 150(1)(a)-(b).

     ↑

198. ​Ibid s 62(1)(a).

     ↑

199. ​Ibid s 67(1).

     ↑

200. ​Ibid ss 62(2), 67(2).

     ↑

201. ​Magistrates’ Court Act 1989 (Vic); Children, Youth and Families Act 2005 (Vic).

     ↑

202. ​Magistrates’ Court Act 1989 (Vic) s 4K. Section 4K(1)(e) enables a Specialist Family Violence Court to restrict persons present while a witness is giving evidence in any proceeding. Under s 68(1) of the Family Violence Protection Act 2008 (Vic), a court may close proceedings to the public if necessary to prevent an affected family member or witness from ‘being caused undue distress or embarrassment’.

     ↑

203. ​Magistrates’ Court Act 1989 (Vic) s 4L(2)(b). See also s 4K(3), which requires the Specialist Family Violence Court to make alternative arrangements for the hearing of evidence by a witness under 18 years of age.

     ↑

204. ​Magistrates’ Court of Victoria, Information for Application for a Family Violence Intervention Order FVIO1 (Report, July 2019) <https://www.mcv.vic.gov.au/sites/default/files/2019-11/FVIO1-Application-for-Family-Violence-Intervention-Order.pdf>.

     ↑

205. ​Submissions 9, Stage 1 (Women’s Legal Service Victoria and Safe and Equal); 11, Stage 1 (Northern Community Legal Centre); 14, Stage 1 (Youthlaw).

     ↑

206. ​Consultation 9, Stage 1 (Victoria Police).

     ↑

207. ​See the case studies ‘Isaac’s Story’ in Chapter 2, and ‘Irina’s Story’ in Chapter 5.

     ↑

208. ​Children, Youth and Families Act 2005 (Vic) s 10(2).

     ↑

209. ​Children, Youth and Families Act 2005 (Vic) s 10(3)(d)(e) The court must also consider the child’s identity, including their ’social, individual and cultural identity and religious faith (if any), and their ‘age, maturity, sex and sexual identity’: at s 10(3)(l).

     ↑

210. ​Family Violence Protection Act 2008 (Vic) s 172.

     ↑

211. ​Consultation 4, Stage 1 (Victorian Community Legal Centres’ Rural Regional Remote Network Roundtable).

     ↑

212. ​Children, Youth and Families Act 2005 (Vic) s 522(1). Section 523(2) also permits the Children’s Court to hear a proceeding in closed court, similar to the powers in s 68 of the FVPA and s 4K of the Magistrates’ Court Act 1989.

     ↑

213. ​See also the discussion relating to the number of applications earlier in this chapter.

     ↑

214. ​Family Violence Protection Act 2008 (Vic) ss 57(2A)(b), 60I, 201(b).

     ↑

215. ​Ibid s 71.

     ↑

216. ​‘Respondent Options for Dealing with a Family Violence Intervention Order’, Victoria Legal Aid (Web Page, 30 April 2025) <https://www.legalaid.vic.gov.au/respondent-options-dealing-family-violence-intervention-order> This option enables a magistrate to make a quick decision about an order and may mean that parties do not have to return to court for a hearing. The court does not have to make a finding about whether violence has occurred. See Family Violence Protection Act 2008 (Vic) s 78.

     ↑

217. ​‘What Can Happen at a Family Violence Intervention Order Hearing’, Victoria Legal Aid (Web Page, 30 April 2025) <https://www.legalaid.vic.gov.au/what-can-happen-family-violence-intervention-order-hearing>.

     ↑

218. ​Ibid; Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.2.4 Undertakings’ <https://resources.judicialcollege.vic.edu.au/article/1053062> Undertakings are not a mechanism under the Act but agreements between parties which mean a FVIO application will be withdrawn, or suspended with the right for an affected family member to reinstate the original order if it is breached. Judicial guidance in the bench book notes undertakings should be used in limited circumstances and that courts should consider the safety of the affected family member as a paramount consideration in permitting the use of these.

     ↑

219. ​‘What Can Happen at a Family Violence Intervention Order Hearing’, Victoria Legal Aid (Web Page, 30 April 2025) <https://www.legalaid.vic.gov.au/what-can-happen-family-violence-intervention-order-hearing>.

     ↑

220. ​Ibid; Family Violence Protection Act 2008 (Vic) s 61(2)(b).

     ↑

221. ​‘What Can Happen at a Family Violence Intervention Order Hearing’, Victoria Legal Aid (Web Page, 30 April 2025) <https://www.legalaid.vic.gov.au/what-can-happen-family-violence-intervention-order-hearing>.

     ↑

222. ​See ‘Balance of probabilities’ in the Glossary.

     ↑

223. ​Family Violence Protection Act 2008 (Vic) s 74. Where an order is made by consent i.e. the respondent does not contest the order being made, the court does not have to be satisfied of these matters but may still make the order: at s 78.

     ↑

224. ​Ibid s 60. If the court refuses to make a final order, the interim FVIO will also expire. An interim order will also end if the court revokes it, or an applicant withdraws the FVIO application.

     ↑

225. ​Ibid s 114(1).

     ↑

226. ​Ibid s 117.

     ↑

227. ​Ibid s 115.

     ↑

228. ​Information provided to VLRC by the County Court, 26 June 2025. It is common for people who appeal a FVIO to be self-represented (85% of proceedings in 2023-24): Consultation 7, Stage 1 (County Court of Victoria). The County Court advised that it has applied the decision AAA v County Court of Victoria & Ors [2023] VSC 13 in its running of appeals. The decision clarified that a FVIO appeal is a broad appeal by way of rehearing, rather than an appeal de novo, in which the court hears the entire case from the beginning. The court is also conscious that appeals should not cause further distress to victim-survivors. The Court observed that it is rare that an appellant has new or fresh evidence, and some matters will not go to an appeal hearing. See; AAA v County Court of Victoria & Ors [2023] VSC 13, [63]-[67].

     ↑

229. ​Consultation 7, Stage 1 (County Court of Victoria).

     ↑

230. ​Children, Youth and Families Act 2005 (Vic) s 515.

     ↑

231. ​‘Child Protection’, Department of Families, Fairness and Housing (Vic) (Web Page, 19 December 2022) <https://services.dffh.vic.gov.au/child-protection>; Department of Families, Fairness and Housing (Vic), ‘Powers of the Secretary When the Secretary Has Parental Responsibility’, Child Protection Manual (Web Page, 10 May 2016) <https://www.cpmanual.vic.gov.au/our-approach/roles-and-responsibilities/powers-secretary-when-secretary-has-parental-responsibility> The Children, Youth and Families Act gives the Secretary of the Department a wide range of rights powers, duties and responsibilities to intervene in families to protect children from abuse and neglect. The exercise of these functions is delegated to child protection practitioners within the Department of Families, Fairness and Housing (DFFH).

     ↑

232. ​Children, Youth and Families Act 2005 (Vic) ss 3, 275. However, therapeutic treatment orders or therapeutic treatment placement orders may continue after a child turns 18: at s 250. The Act also empowers the Secretary (DFFH) to provide support services to a person up to the age of 21 years: at s 16(1)(g).

     ↑

233. ​Ibid s 173(1).

     ↑

234. ​However, the Children’s Court may vary or revoke an existing FVIO if it is inconsistent with an order the court is making under the CYFA. Ibid s 173(2).

     ↑

235. ​Family Violence Protection Act 2008 (Vic) s 174.

     ↑

236. ​The Department may also make an application for a FVIO on behalf of a child who is in the Department’s care. For example, Child Protection may seek a FVIO ‘if the threat to the child is outside the custodial family and cannot be addressed by a protection application or an order under the CYFA.’ Department of Families, Fairness and Housing (Vic), ‘Application for a Family Violence or Personal Safety Intervention Order on Behalf of a Child’, Child Protection Manual (Web Page, 1 March 2016) <https://www.cpmanual.vic.gov.au/policies-and-procedures/court/family-violence/application-family-violence-or-personal-safety>.

     ↑

237. ​Family Law Act 1975 (Cth) s 68R. The Federal Circuit and Family Court of Australia has powers to make parenting orders under s 65DA of the Family Law Act, and the Magistrates’ and Children’s Courts may make parenting orders by consent and interim parenting orders in limited circumstances, under s 69N and s 69J of this Act. See; Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6.3 Powers of the Children’s Court under the Family Law Act’ <https://resources.judicialcollege.vic.edu.au/article/1053062>; Peter Power, Research Materials (Report, Children’s Court of Victoria, 2025) [4.3.2] Jurisdiction under the Family Law Act 1975 (Cth) [as amended] <https://www.childrenscourt.vic.gov.au/research-materials/about-research-materials>.

     ↑

238. ​Family Law Act 1975 (Cth) s 68R. The FLA also deals with matters relating to division, the division of property, and maintenance i.e. payments from one person to support a former partner or child of the relationship.

     ↑

239. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6 Interaction with family law’ <https://resources.judicialcollege.vic.edu.au/article/1053062>.

     ↑

240. ​Family Law Act 1975 (Cth) s 65H(2).

     ↑

241. ​Where the FVIO and Family Law Act order are inconsistent. See: Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6 Interaction with family law’ <https://resources.judicialcollege.vic.edu.au/article/1053062>; Family Law Act 1975 (Cth) s 68Q; Family Violence Protection Act 2008 (Vic) s 176.

     ↑

242. ​‘Family Violence Orders’, Federal Circuit and Family Court of Australia (Web Page) <https://www.fcfcoa.gov.au/fl/fv/orders>.

     ↑

243. ​Family Violence Protection Act 2008 (Vic) s 89.

     ↑

244. ​Family Law Act 1975 (Cth) s 68R; Family Violence Protection Act 2008 (Vic) s 90. The court must ‘revive, vary, discharge or suspend’ the Family Law Act order to the extent is it inconsistent with the FVIO which the court proposes to make.

     ↑

245. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6 Interaction with family law’ <https://resources.judicialcollege.vic.edu.au/article/1053062>.

     ↑

246. ​Family Violence Protection Act 2008 (Vic) s 91. The court must also consider the purposes and principles of Part VII of the Family Law Act, including ensuring the best interests of children are met. See Family Law Act 1975 (Cth) s 60B.

     ↑

247. ​Family Violence Protection Act 2008 (Vic) s 93.

     ↑

248. ​Ibid s 92. For example, a FVIO may include a condition that an affected family member and respondent may have contact in order to facilitate handing over a child to the other parents’ care under the Family Law order. See Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6.2 Power to modify Family Law Act orders’ <https://resources.judicialcollege.vic.edu.au/article/1053062>.

     ↑

249. ​Family Violence Protection Act 2008 (Vic) s 91(2).

     ↑

250. ​Family Law Act 1975 (Cth) s 68R.

     ↑

251. ​A representative of Barwon Community Legal Service, Consultation 4, Stage 1 (Victorian Community Legal Centres’ Rural Regional Remote Network Roundtable). Similar views were also expressed by a representative of Westjustice, Consultation 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice). See also; Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.6.2 Power to modify Family Law Act orders’ <https://resources.judicialcollege.vic.edu.au/article/1053062> The Bench Book also notes that the interaction of the Family Law Act and the FVPA has been criticised as ‘unduly complex’ and that it is ‘not reasonable to expect judicial officers in busy duty lists to understand and apply its provisions when making a family violence order’.

     ↑

252. ​House of Representatives, Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Inquiry into Family Violence Orders Report (Report, February 2025) 44 <https://parlinfo.aph.gov.au/parlInfo/download/committees/reportrep/RB000426/toc_pdf/Inquiryintofamilyviolenceorders.pdf>.

     ↑

253. ​Submission 10, Stage 1 (South-East Monash Legal Service).

     ↑

254. ​House of Representatives, Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Inquiry into Family Violence Orders Report (Report, February 2025) 19 <https://parlinfo.aph.gov.au/parlInfo/download/committees/reportrep/RB000426/toc_pdf/Inquiryintofamilyviolenceorders.pdf>.

     ↑

255. ​Family Violence Protection Act 2008 (Vic) s 100. The rules about who may apply for a variation are the same as the rules about making an application for a FVIO. This means children may only apply themselves if they are over 14 and have the leave of the court. See s 108(1)(c). The court may also vary or revoke an order made of its own initiative under ss 53AB and 77B.

     ↑

256. ​Ibid s 100(2).

     ↑

257. ​Ibid s 100(3).

     ↑

258. ​Ibid ss 102, 103.

     ↑

259. ​Ibid s 103. See also s 104, which requires the court to consider whether there are any children who have become family members since the order was made, and to include them on a varied FVIO or a new FVIO if so.

     ↑

260. ​Ibid s 106. On application by a party, or on its own initiative if the original order was also made by a court of its own initiative.

     ↑

261. ​‘Balance of probabilities’ is explained in the Glossary.

     ↑

262. ​Family Violence Protection Act 2008 (Vic) s 106(2).

     ↑

263. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) ‘2.3 Changing orders’ <https://resources.judicialcollege.vic.edu.au/article/1053062>.

     ↑

264. ​‘Change, Extend or Appeal a Family Violence Intervention Order’, Victoria Legal Aid (Web Page, 3 June 2024) <https://www.legalaid.vic.gov.au/change-extend-appeal-family-violence-intervention-order>; Family Violence Protection Act 2008 (Vic) s 107. The court may also grant an interim extension order to temporarily extend the FVIO if a person has applied for an extension before the FVIO expires and the court considers it necessary.

     ↑

265. ​Family Violence Protection Act 2008 (Vic) s 108(1)(c). Alternatively, a parent, police officer or other person with the consent of the child’s parent may apply.

     ↑