Part 3 of the Family Violence Protection Act 2008 (Vic) (the Act) sets out the power of the Police to protect an AFM from the risk of family violence prior to when an application for an Intervention Order reaches the Court.
Within these powers, the Police can serve a Family Violence Safety Notice (‘FVSN’) on an individual that they suspect has committed family violence against a family member.
This FVSN will contain conditions prohibiting the Respondent from doing certain things, that the Police Applicant believes is in the interests of protecting the Affected Family Member. For example, the FVSN may prohibit the Respondent from contacting or communicating with an Affected Family Member.
The FVSN will also contain a ‘warrant’ or ‘summons’ which is legal notice informing a Respondent that they are required to attend Court. The notice will outline which Court you will need to attend and on what day.
At this Court date, a Magistrate may make an interim family violence intervention order.
It is therefore extremely important that a Respondent attend Court on the day specified in the notice, particularly if they disagree with the making of a Family Violence Intervention Order against them.
How do the Police Decide Whether to Make a FVSN
The police officer who is called to attend at an incident relating to family violence will make an assessment of whether they believe a Respondent should be served with a FVSN. Under s 24 of the Act, the Police member will consider multiple details, such as:
- The age of the Respondent
- The ability of the Respondent to understand what is happening
- That there are no Family Law Act Orders, Intervention Orders or Community Correction Orders that may be inconsistent with the proposed terms of the FVSN
- Whether FVSN is necessary to for the Affected Family Member’s immediate protection.
FVSN’s often exclude a Respondent from returning to their home, if that is where the Affected Family Member also resides.
A FVSN remains in force until a Magistrate has an opportunity to review the narrative of events and determine whether to grant an application for a family violence intervention order.
If you have been served with a FVSN and require legal advice or representation prior to your upcoming Court date, contact our office at info@icaalaw.com or on (03) 9842 4474.
Important Disclaimer: The content of this posted article is general in nature and for reference only. The content does not constitute legal advice. Legal advice about your specific circumstances should always be obtained before taking any action in your particular circumstances.
