Victorian Numbered Regulations

CHILDREN'S COURT (FAMILY VIOLENCE PROTECTION) AND (PERSONAL SAFETY INTERVENTION ORDERS) AMENDMENT RULES 2020 (SR NO 10 OF 2020) - REG 11

For Form 1AB of the Children's Court (Family Violence Protection) Rules 2018 substitute —

" Form 1AB—Explanation of final family violence intervention order

Rule 10.03

INFORMATION SHEET—FINAL INTERVENTION ORDER

A Final Family Violence Intervention Order has been made against " the respondent ".

The person this Final Order protects is called " the protected person ". Children can be included as protected people because being around family violence can cause children serious harm.

    1.     The Court has made this Final Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.

    2.     This Final Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.

    3.     If the rules in this Final Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.

    4.     Only the Court can change ("vary") or cancel ("revoke") the Order.

    The respondent must not pressure the protected person to change or cancel the Order.

    It is a breach of the Final Order to do so.

    5.     This Final Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Final Order, the respondent must still obey the Order.

    6.     The respondent must not use someone else, including family, to do things on their behalf that the Final Order says they cannot do.

    7.     If the protected person and respondent have children this Final Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.

    8.     If you have orders from another court, this Final Order may affect them. Speak to a lawyer about what the Final Order says.

    9.     If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Final Order says.

    10.     This Final Order will say how long it lasts and when you may need to return to court. Check to see what it says.

    11.     Any Final Order is recognised throughout Australia.

Read the Final Order more than once and get advice about anything you don't understand.

Police cannot give you legal advice.

For more information:

Victoria Legal Aid www.legalaid.vic.gov.au or 1300 792 387

Victorian Aboriginal Legal Service     www.vals.org.au or 1800 064 865

FV support and information  www.safesteps.org.au or 1800 015 188

Behaviour	Some examples
Physical violence	•     Hitting, punching, pushing, pulling, kicking, choking
Sexual violence	•     Pressuring someone into sexual acts; rape               •     Pressuring them to watch or join in pornography
Property damage	•     Breaking or damaging someone's property or belongings, including jointly owned property or belongings
Economic violence	•     Controlling someone's money against their will               •     Forcing someone to pay or give money to others or taking money               •     Stopping someone from working               •     Forcing or tricking someone to take on debts               •     Using dowry or family finance issues to control someone
Emotional, social or psychological violence	•     Making someone feel that no one cares or will help them               •     Name calling or put downs               •     Making someone fear for their safety               •     Taunting someone about sexuality or gender identity               •     Sending abusive messages via phone, email or social media or monitoring what someone does online               •     Harming or killing pets
Threats	•     To harm people (including themselves), property, or pets               •     To take children away or to have them taken by others, such as immigration authorities or Child Protection Services               •     To disclose someone's sexuality or gender identity               •     To post or send images held on a phone or device               •     To use family members to add pressure               •     To get someone deported
Coercing, controlling, dominating or terrorising	•     Intimidating, bullying, frightening               •     Controlling where someone goes, what they wear or eat, when they sleep, who they can see               •     Stopping someone from seeing or speaking to others               •     Withholding mobility aids, disability equipment or medication               •     Forcing someone to marry without their consent

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