Family Violence and Restraining Orders

A FVRO is a court order made to restrain a respondent from committing an act of family violence, exposing a child to family violence, or behaving in a manner that could reasonably be expected to cause a person seeking an order, to fear that family violence will be committed against them. Although a FVRO is a civil matter, if a FVRO is breached, it is a criminal offence.

A FVRO requires an applicant to have been in a family relationship with the respondent. The definition of a ‘family relationship’ is broad, and covers current and past relationships. Relationships with are covered include marital relationships, de-facto relationships, intimate personal relationships, relatives, children, guardians and more. 

 The definition of family violence has two elements: there needs to be

•         violence, or a threat of violence, by someone towards a family member, or
•         any other behaviour that coerces or controls another family member or causes them to be fearful.

The definition of family violence is not limited to solely physical violence, but rather it encompasses a range of behaviours (physical, financial, emotional, psychological, and sexual abuse).

A range of conditions can be included in a FVRO. Common conditions include preventing the respondent from coming to or near where you live or work, being at or near a certain place, coming within a certain distance of you, and contacting or trying to communicate with you in any way. Depending on your relevant circumstances, you can ask the court for certain conditions to be added.

A FVRO will be enforceable for the period specified in the order. If no duration is given, then it will automatically be in effect for two years from the date it was enforceable. A FVRO at any point can be cancelled or varied by lodging an application with the court.