A Family Violence Order (FVO) is a Court Order that may restrict contact between people or impose conditions on their behaviour.
Applying for a FVO
An FVO application may be made to a Magistrate by:
- the victim;
- a police officer;
- any child affected by witnessing or experiencing family violence; or
- any other person if permitted by the court.
Application forms are available from the Magistrates Court of Tasmania or on their website. You can also ask to see a Safe at Home lawyer at Legal Aid Tasmania.
The Court will grant a FVO if they are satisfied that a person has committed family violence, and that they may again commit family violence.
In making an FVO, the Court must consider the following matters:
- the safety and interests of the victim and any affected child;
- contact between the victim and the alleged offender and any child who is a member of the family; or
- whether there are any relevant Family Court Orders in place.
The court may make a temporary FVO, called an interim order, until the application can be fully considered.
Changing or extending your FVO
If the Court decides to make an FVO, it will remain in force for such period as the Court considers necessary to ensure the safety and interests of the victim or until an application is made to revoke the FVO. An FVO is generally in place for 12 months.
Sometimes people need to change the terms of their FVO. This could be for many reasons such as allowing contact between a parent and their children or because the parties have reconciled and a party removed from the home by an order wishes to return.
An application to vary, extend or revoke an FVO may be made to a Court at any time.
The Court must consider the safety and interests of the victim and children and if there has been a substantial change in the circumstances since the order was made.