Service of a Family Violence Order (FVO) or application for a FVO is generally served by the Australian Federal Police (AFP). They may attend without notice to your home, place of residence, or a place you usually attend, or may contact you on your telephone for a suitable place to serve you. If it is an Interim FVO, it is in effect and must be complied with once it is served upon you. If it is an application for a Final FVO, or an application for an extension or amendment of a FVO currently in place, this does not mean that the application is in effect. You should however continue to comply with a FVO that is already in place. It is important to listen to the AFP when they are serving the documents, as they will outline any obligations or requirements that must be met by you.
It is best to remember while a FVO is in place for the protected person(s) safety, it should be treated as a two-way street. The protected person(s) are prohibited from engaging in behaviour that may be contrary to the terms of the FVO. An example of this is where parties agree to alter changeover arrangements for children to a location that is prohibited within the terms of the FVO. Unless there is a term in the FVO that permits such changes, you should not agree to any such arrangements. If you are unsure of your obligations while a FVO is in effect, you should seek advice. It is also important to record any circumstances where a protected person(s) may be acting contrary to the terms of their own FVO, as this may be considered by the Court in any application to extend, amend or make final an FVO.
If you are served with an Interim FVO, you will also be given a document that has a date to attend the ACT Magistrates Court for what is known as a Preliminary Conference. Both you and the applicant, and your legal representatives if you have them, are required to attend. If you fail to attend the Preliminary Conference, a Final FVO may be made in favour of the applicant, in the terms as sought by them, without further notice to you. It is crucial if you are unable to attend the Preliminary Conference for any reason you make contact with the Court as soon as possible. During the current Covid19 lockdown in the Australian Capital Territory, Preliminary Conferences are occurring by teleconference.
While a FVO is not a criminal conviction, it does impact certain credentials such as a security clearance or Working With Vulnerable People (WWVP) certification. Once you are served with a FVO, it is important you seek advice on its impact upon your employment or relevant credentials as soon as possible.
What you can and cannot do under a FVO may feel confusing and overwhelming. If you would like to discuss your options and how we can assist you, contact us today on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.