Case Study
Revocation of Family Violence Intervention Order
Case Overview
Court: Magistrates’ Court of Victoria at Melbourne
Matter: Family Violence Intervention Order – Application for Revocation
Outcome: Intervention Order Revoked.
Revocation of FVIO Following Demonstrated Change for Family Reunification
Our office acted in a complex family violence intervention order matter involving separated parents who had been in a relationship for approximately 17 years and shared five children.
An interim, no-contact Family Violence Intervention Order had been obtained by Victoria Police and protected our client and the parties’ five children.
The allegations underlying the intervention order were extremely serious, including longstanding physical and verbal abuse, sexual violence, coercive and controlling behaviour, and allegations of violent conduct occurring in the presence of the children.
Despite the seriousness of those allegations, our client’s position was that the allegations recorded in the material did not accurately reflect her experiences or intentions.
Our client explained that she had originally sought assistance because of concerns surrounding the Respondent’s alcohol consumption. She further explained that she was experiencing significant anxiety and a panic attack during her interaction with police and did not properly understand the process or the information being recorded. As part of our involvement, we assisted our client to ensure that her position and instructions were clearly communicated to police and accurately understood as the matter progressed.
We then assisted our client in drafting a detailed written statement, called a Statement of No Complaint, repudiating the allegations contained contrary to police statements and confirming that she wished for the intervention order to be revoked. She explained that the order was creating barriers to the parties’ ability to communicate, co-parent their children and maintain their family relationships.
Our approach
Given the seriousness of the allegations, this was not a matter where simply advising the Court that the protected person no longer wanted an intervention order would necessarily be sufficient.
Our office worked with our client to present the Court with a comprehensive picture of the family’s circumstances and the developments that had occurred since the intervention order was made. Importantly, the Respondent had proactively engaged with culturally and religiously appropriate support services.
He voluntarily approached leaders within his community and participated in programs addressing alcohol use, family support, healthy relationships, emotional wellbeing, prevention and recovery strategies.
This work was supported by independent letters providing evidence of his engagement, the steps he had taken to address the concerns and the ongoing support available to him. The matter was therefore approached not simply as an application to revoke an order, but as a process of risk reduction and safe family reunification.
As the matter progressed, the conditions of the intervention order were varied and the Respondent was able to resume contact with the children. Police subsequently recorded that there had been no breaches, and the interactions between the Respondent and the children had been positive and beneficial.
Ultimately, police indicated their support for revocation of the intervention order.
Successful IVO Revocation
The matter ultimately returned before the Melbourne Magistrates’ Court, where the intervention order was revoked.
This was a significant outcome given the nature and seriousness of the allegations which had originally resulted in the intervention order being made.
The revocation removed the barriers which had affected the family’s ability to communicate and allowed them to continue rebuilding a cooperative co-parenting relationship.
Family violence intervention orders are designed to protect people from risk, and allegations of family violence must always be taken seriously. However, an intervention order does not necessarily mean that family relationships can never be repaired.
In appropriate cases, reunification can be a gradual process. Where concerns can be properly addressed, the Respondent engages meaningfully with appropriate professional, community or culturally relevant supports, contact can occur safely and there is reliable evidence demonstrating a reduction in risk, it may be possible to work towards less restrictive conditions and, ultimately, revocation of an intervention order.
This matter demonstrates the importance of looking beyond the immediate proceedings and developing a practical strategy directed toward a longer-term objective. At Aston Legal Group, we assist clients not only in navigating intervention order proceedings, but also in identifying the supports and evidence that may help families safely move forward where reunification is both desired and appropriate.
Need Guidance on Intervention Orders?