A Family Violence Intervention Order Without Admission

Previously we did a blog on what is a Family Violence Intervention Order (FVIO). To reiterate, a FVIO is a Court Order to protect a person from a family member who is perpetrating family violence. An FVIO is designed to keep people safe by setting specific conditions to stop a family member from perpetrating family violence.

What does it mean to agree to an FVIO without admission?

When a party agrees to an FVIO without making admissions, they are agreeing to the FVIO and the conditions, however, they are not agreeing to the allegations made in the application to get the FVIO. The family member that applies for the FVIO raises various allegations against the other family member and it is those allegations that are not being admitted.

If the respondent does not want to proceed to a defended hearing, give evidence in the witness box and wants to avoid the expense of litigation, they may want to consider a FVIO without admissions. The applicant may be amenable to this as they will have an FVIO in place for 12 months or more subject to the Magistrates Court’s discretion.

The Magistrates Court has the discretion not to grant a FVIO without admission and may want the perpetrator of the family violence to attend either counselling or certain courses. If this occurs, the interim FVIO will continue to apply until the Magistrates Court is satisfied that the counselling or courses have been completed. If the Magistrates Court does not grant the FVIO without admission, the respondent can choose to agree to a final FVIO which may last 12 months or more or can consider the prospect of proceeding to a defended hearing.

The potential implications of an FVIO with or without admission

You should also be mindful that if you are the alleged perpetrator agreeing to a FVIO without admission, although the intervention order is a civil order and not criminal in nature, there are some professions where an FVIO even if it is without admission may affect your duties. For example, if you are a police officer and you hold a gun license, agreeing to FVIO without admission may affect your duties as a police officer. You may have to attend to office duties and not operate a firearm. It is important to speak to your employer prior to agreeing to an FVIO without admission so you can decide whether this is the best option for you. If this is not the best option, you can proceed to a defended hearing.

A FVIO without admission will also be considered by the Family Court if you are applying for parenting orders. The Federal Circuit and Family Court looks at what is in the best interests of the child when making parenting orders and one of the factors the Court considers is whether there is any form of FVIO. If the Court considers that there is a risk to the children, then this may impact on the time you have with the children.

If you would like to talk to one of our family lawyers regarding an FVIO or want to know more about an FVIO without admission, then please call us on 03 95960222

Author: Sanaz Naimi Roshan, Lawyer, Accredited Specialist in Family Law