Understanding Family Violence Orders in the ACT
Family Violence Orders (FVOs) in the Australian Capital Territory are legal protections available through the ACT Magistrates Court. Whether you're applying for protection or responding to an application, understanding the process and requirements is essential for navigating the ACT family violence system effectively.
What is Family Violence?
Under ACT law, family violence is behavior by a person in relation to a family member that may include various forms of abuse and control. The definition is comprehensive and covers both direct and indirect harm.
Types of Family Violence Behavior
- Physical violence: Assault, hitting, pushing, or any physical harm
- Sexual violence: Sexual assault or sexually coercive behavior
- Emotional abuse: Psychological manipulation and control
- Verbal abuse: Threats, intimidation, and abusive language
- Damaging property: Destroying or threatening to destroy belongings
- Harming animals: Hurting or threatening to hurt pets
- Stalking: Following, watching, or persistent unwanted contact
- Deprivation of liberty: Preventing someone from leaving or moving freely
- Coercion: Controlling or dominating behavior that causes fear
- Exposure of children: Causing children to witness family violence
Who is Considered a Family Member?
Under ACT law, a family member includes:
- A domestic partner or former domestic partner
- An intimate partner or former intimate partner
- A relative of the person
- A child of a domestic partner or former domestic partner
- A parent of a child of the person
Key People in FVO Applications
Understanding the Roles
- Applicant: The person applying for the FVO (may be the affected person, police, parent, or litigation guardian)
- Affected Person: The person who needs protection from family violence
- Respondent: The person the FVO is sought against
- Litigation Guardian: Someone who represents a person under 14 or with impaired decision-making ability
Required Forms and Documentation
Forms You Need to Complete
- Form 1 - Application for Family Violence Order: The main application form
- Private and Confidential Form: Information for police to locate the respondent (not provided to respondent)
- Notice of Address for Service: Your contact details (kept confidential unless you consent)
- Statement for Appointment as Litigation Guardian: Only if representing someone under 14 or with impaired capacity
Where to get forms: courts.act.gov.au/magistrates/protection
Where to Lodge Your Application
Applications must be lodged at:
- ACT Magistrates Court
- Address: Knowles Place, Canberra
- Website: courts.act.gov.au
The Court Process
What Happens After You Apply
- Application Review: Court reviews your application and may make an interim order
- Service: Police serve the application and any orders on the respondent
- First Court Date: Both parties appear before a magistrate
- Response Options: Respondent can consent, contest, or negotiate
- Final Hearing: If contested, full hearing with evidence from both sides
- Final Order: Magistrate makes decision on final FVO
Types of Orders Available
Interim Orders
- Temporary protection while case proceeds
- Can be made without the respondent present
- Remain in place until final hearing
- Must be served on respondent to take effect
Final Orders
- Made after full consideration of evidence
- Can last up to 12 months (or longer in special circumstances)
- Include specific conditions respondent must follow
- Breach is a criminal offense
Common FVO Conditions
Family Violence Orders may include conditions such as:
- Not committing family violence against protected persons
- Not threatening, intimidating, or harassing protected persons
- Not going to specified places (exclusion zones)
- Not contacting protected persons directly or indirectly
- Staying a specified distance away from protected persons
- Not damaging or interfering with property
- Surrendering weapons or firearms
- Attending counseling or intervention programs
Special Considerations
Children and FVOs
- Children can be protected persons on FVOs
- Orders can affect parenting arrangements
- Court considers best interests of children
- May need to coordinate with Family Court orders
Emergency Situations
- Police can apply for emergency orders
- Court can make orders outside normal hours
- Interim orders can provide immediate protection
- Always call 000 in immediate danger
⚠️ Consequences of Breaching FVOs
Breaching a Family Violence Order is a serious criminal offense in the ACT:
- Maximum penalty of 50 penalty units or 6 months imprisonment
- Police can arrest without warrant
- Criminal record consequences
- Impact on future court proceedings
- May affect employment and travel
Getting Legal Help
Legal assistance is available through:
- Legal Aid ACT: Free legal advice and representation for eligible people
- Women's Legal Service ACT: Specialist family violence legal support
- Community Legal Centres: Free legal advice in local areas
- Duty Lawyers: Free advice available at court
- Private Lawyers: Specialist family law and family violence practitioners
Support Services
- Domestic Violence Crisis Service ACT: 6280 0900
- 1800RESPECT: 1800 737 732
- Lifeline: 13 11 14
- ACT Policing: 131 444 (non-emergency)
- Emergency: 000
Preparing for Court
What to Bring
- All court documents
- Evidence of family violence (photos, messages, medical records)
- Witness contact details
- Identification documents
- Any existing court orders
Court Etiquette
- Arrive early and dress appropriately
- Turn off mobile phones
- Stand when magistrate enters
- Address magistrate as "Your Honour"
- Speak clearly and respectfully