Repeated Breach Case
The client is seeking an extension of a Family Violence Intervention Order (FVIO) in Victoria due to repeated breaches by their ex-partner. These breaches include harmful text messages and social media interactions, involving coercive control and sharing sensitive images of a protected child. The ex-partner has a diversion program but has failed to meet its conditions, leading to police investigation. The client has documented evidence of these breaches and has reached out to the police, although there was not enough evidence for charges related to social media posts. The situation has instilled fear and distress in the protected child, impacting their sense of security.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to extend the Family Violence Intervention Order given the repeated breaches?
To extend the Family Violence Intervention Order (FVIO) in Victoria, you should file an application at the Magistrates' Court where the original FVIO was issued. Ensure you prepare a detailed affidavit highlighting the repeated breaches, the impact on your child, and your ongoing safety concerns. Include all evidence of breaches, such as text messages and social media posts. It's beneficial to provide a compelling argument on why the current order is insufficient for your protection. Consider seeking legal advice to ensure your application is comprehensive and addresses all relevant legal points.
How does the existence of a diversion program affect the breaches and the process of extending the order?
The existence of a diversion program indicates that the legal system recognises the seriousness of the breaches, allowing the respondent to avoid a conviction by meeting certain conditions. However, since your ex-partner has not fulfilled these conditions, this suggests non-compliance which is critical when seeking an extension of an FVIO. The court may view the repeated breaches, especially with an ongoing diversion program, as an indication of risk to your safety and your child's, thereby bolstering the case for extending the FVIO.
What evidence do I need to collect to support my application for extending the order?
To support your application to extend the Family Violence Intervention Order (FVIO), collect evidence of all breaches, including text messages and social media posts indicating coercive control. Document any communication with the police regarding these breaches. Evidence of the impact on your child, such as a statement from a psychologist, can also be helpful. Ensure all evidence is organised chronologically to establish a pattern of behaviour by your ex-partner.
What are the potential legal consequences for my ex-partner due to the breaches of the Family Violence Intervention Order?
The potential legal consequences for your ex-partner due to breaching the Family Violence Intervention Order (FVIO) can be significant. Breaching an FVIO is a criminal offence, and repeated violations could lead to stricter penalties including fines or imprisonment. The court may view the breaches seriously, particularly involving a child, which could impact any diversion program currently in place and result in escalated legal repercussions.
Are there any additional protections or orders I can seek to ensure the safety of my child and myself?
In addition to extending the Family Violence Intervention Order (FVIO), you may consider seeking a Personal Safety Intervention Order (PSIO) if actions extend to harassment or other forms of threats. A PSIO can provide additional protection against such behaviour. You might also want to request a Child Protection Order for further safety given the concerns expressed regarding your child's welfare.
