Family Violence Intervention Orders and Protection applications
Home: Family & Friends: Legal Information: Intervention orders
This information has been reproduced with the kind permission of the Department of Human Services Victoria. Many of the DHS booklets on this site are no longer available in printed format, but all inquiries should be directed to the Protection and Care Publishing Unit, Department of Human Services Melbourne (03) 9616 7013.
The below sections are extracted from the booklet You and Your Child.
Department of Human Services. (2002).
You and your child- for parents of children who have been sexually abused.
Melbourne, Victoria: Community Care Division.
Family Violence Intervention Orders
Family violence intervention orders (FVIO) can be taken out by yourself or by the Child Protection practitioner on behalf of your child. A FVIO can be used as a way of getting the person who committed the offence to leave your home thereby seeking safety for your child. Conditions can be attached to a FVIO to exclude a person from the home for a period of time, as well as restricting contact with your child or preventing a person behaving in a certain way towards your child. These orders are made in the Magistrate's Court or Children's Court. The Child Protection practitioner and the police can give you more information on how to apply for a FVIO.
Protection applications
It may be that Child Protection practitioners make the decision that your child is not safe to stay within the family for a period of time. The Child Protection practitioner may therefore issue a protection application. The issuing of a protection application means that Child Protection practitioners can remove your child from your care. If this is the case, the practitioner will discuss with you the possibility of your child staying with another family member or friend. This would require some assessment and checks to be done. If this is not possible, then the Child Protection practitioner will discuss other living arrangements with you, such as foster care.
The Child Protection practitioner must take the application to the Children's Court within 24 hours of the decision that a child is at risk and needs to be removed from your care. If the matter is heard after court hours on a Friday, Saturday or before 10:00 am on a Sunday, then the Child Protection practitioner will arrange for a bail justice to hear the protection application until the matter can go to court on the following Monday (or Tuesday if the Monday is a public holiday). There are some exceptional circumstances where a bail justice hearing may be sought by Child Protection to ensure the child's safety before the application can be heard in court.
It is important to read the protection application to find out which court to attend and the date and time of the hearing. A magistrate at the Children's Court will decide if your child needs protection and what is in their best interest.
It is important to get legal advice and decide whether you want to be legally represented at court. You can get legal advice from:
- a lawyer (listed under 'Solicitors' in the Yellow Pages)
- Victoria Legal Aid, Melbourne, telephone (03) 9269 0234 or toll-free 1800 677 402
- The Law Institute of Victoria, telephone (03) 9607 9311
- The Aboriginal Legal Service Co-op, telephone (03) 9419 3888
- a local community legal service, telephone the Federation of Community Legal Centres to find your nearest centre: :(03) 9652 1500.
At the Melbourne Children's Court there are Legal Aid solicitors who are experts in children's law. They generally represent children on Protection Applications but, in some cases, may represent parents. Where your child is already represented by a Legal Aid solicitor, but you are also entitled to legal aid, then they will arrange for a private solicitor to represent you on behalf of Legal Aid. In country areas, you can contact your local court about arrangements for legal representation.
If you need an interpreter to help you understand or take part in what is happening in court, ask the practitioner to arrange for an interpreter to be at court with you. If you want your child to stay in your care until the magistrate makes a decision about their future, ask your legal representative to ask the magistrate at the court. The magistrate will decide whether this is possible.
The Child Protection practitioner may have decided that your child is safe in your care but may issue a protection application by notice to apply to the court to have an ongoing role in monitoring your child's situation in relation to his or her welfare.
Sponsor
Disclaimer
Copyright Updated: 23 Jun 2010
The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.