Family Violence Intervention Orders in Victoria: Applying, Responding and Breaches

A Family Violence Intervention Order (FVIO) is a civil order made by the Magistrates' Court of Victoria under the Family Violence Protection Act 2008 to stop a person using violence, threats or controlling behaviour against a family member. An FVIO is not a criminal conviction, but breaching one is a criminal offence with a maximum penalty of 2 years' imprisonment and/or 240 penalty units. An order can also affect parenting arrangements, housing and visas, so both applicants and respondents should get legal advice early.

Key points

• FVIOs are civil orders made by the Magistrates' Court under the Family Violence Protection Act 2008 (Vic).
• Contravening an FVIO (s 123) carries a maximum of 2 years' imprisonment, 240 penalty units, or both.
• Police can issue a Family Violence Safety Notice for immediate protection until the court hears the matter.
• A respondent can agree to an order by consenting without admissions.
• Family violence provisions are available to partner visa applicants (subclasses 820 and 309, and onshore subclass 300 applicants).

What is an FVIO and who can apply?

Victorian law defines family violence broadly. It covers physical violence, sexual abuse, emotional or psychological abuse, economic abuse, threats and coercive behaviour, and causing a child to hear or witness these. A family member includes a spouse, partner, former partner, relatives and people regarded as family. An application can be made by the affected family member or by police on their behalf.

The process: safety notices, interim orders and final orders

• Family Violence Safety Notice: police attending an incident can issue a notice for immediate protection before the court hearing, and it also operates as an application for an FVIO;
• Application: an affected family member can apply to the Magistrates' Court, including online;
• Interim order: where needed, the court can make an interim order to protect the applicant before a full hearing;
• Final order: made by agreement or after a contested hearing, with conditions and a duration set by the court.

Common conditions include not committing family violence, not approaching or contacting the protected person, staying away from their home or workplace, and excluding the respondent from a shared home. Conditions can be tailored, for example to allow limited contact for handing over children.

What should a respondent do?

If you are served with an application or safety notice, you must obey all conditions straight away, even if you believe the allegations are untrue. Your options include:

• Consent without admissions: agreeing to the order without admitting the allegations;
• Negotiating conditions: agreeing on more workable conditions with the applicant or police, such as exceptions for parenting arrangements;
• Contesting: opposing the application and asking for a hearing where the court decides on the evidence.

The right choice depends on the effect on family law proceedings, work licences, firearms licences and visas.

Criminal consequences of breaching an order

Breaching an FVIO is a criminal offence. Under section 123 the maximum penalty is 2 years' imprisonment, 240 penalty units, or both, and repeated breaches or breaches involving other violence can lead to more serious charges. Even if the protected person contacts you first, replying can still be a breach. For example, if the protected person texts inviting you to meet about the children and the order prohibits contact, meeting them may still be a breach. To change the conditions, apply to the court for a variation.

Effect on parenting matters and visas

In parenting cases in the Federal Circuit and Family Court of Australia, parties must tell the court about any family violence orders, and the court considers family violence and related orders when deciding what is in the child's best interests. Where an FVIO is inconsistent with parenting orders, one of them may need to be adjusted.

For visas, partner visa applicants (subclasses 820 and 309, and onshore subclass 300 applicants) who experience family violence may still be able to proceed to a permanent visa under the family violence provisions after the relationship ends. For respondents, an FVIO itself is not a conviction, but a conviction for breach or related criminal charges can affect character assessments. Temporary visa holders should get family, criminal and migration advice together.

Chua Tan Associates has practised in Melbourne since 1990, and our lawyers run family and criminal cases themselves. Justin Chua is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and Family Law Arbitrator. We can act for applicants or respondents in Mandarin, Cantonese or English and coordinate the family, criminal and visa issues.

Frequently asked questions

How do I apply for an intervention order in Victoria?

You can apply to the Magistrates' Court, including online, or police can apply for you when they attend an incident. If you are in immediate danger, call 000.

Will an intervention order give me a criminal record?

An FVIO is a civil order and is not itself a criminal conviction. Breaching it, however, is a criminal offence that can lead to a conviction.

What does consenting without admissions mean?

It means the respondent agrees to the order being made without admitting any of the allegations, and the court makes no findings about them.

What is the penalty for breaching an FVIO in Victoria?

Under section 123, up to 2 years' imprisonment, 240 penalty units, or both. Repeated breaches can lead to more serious charges.

Can a partner visa applicant still get permanent residence after leaving a violent relationship?

Possibly. Subclass 820 and 309 applicants, and onshore subclass 300 applicants, can rely on the family violence provisions, with evidence as required by the Department of Home Affairs.

Whether you need protection or have been served with an application, call 03 9602 3988 to book a consultation at our Melbourne CBD office at Level 2, 262 Queen Street, or by video, in Mandarin, Cantonese or English. If you are in immediate danger, call 000.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026