Facing threats of family violence? A family violence restraining order can help you stay safe and secure
If you, a loved one or a friend is experiencing (or being threatened with) any form of family violence, then a family violence restraining order (FVRO) can help to ensure the safety of anyone at risk of harm (including children).
It’s crucial to seek professional legal advice to help you obtain a family violence restraining order as soon as possible.
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Understanding Family Violence Restraining Orders
A family violence restraining order provides you with protection against violence being committed against you or your loved ones by a person that you are (or have been) in a family relationship with.
A family relationship is broadly defined in this legal context to include current or former marital or de facto partners, as well as relatives or people otherwise in (or having previously been in) intimate relationships via culture, kinship or caring arrangements.
Family violence is also broadly defined in the legislation to include physical, psychological, emotional, sexual or financial abuse. It is important to understand that if you have experienced or been threatened with any of these forms of violence, then a crime may have already been committed against you.
A family violence restraining order can prevent a person who has harmed (or is at risk of harming) you or your loved ones from doing a range of things, such as:
- Coming within a certain distance of you (or your children).
- Contacting or trying to contact you (or your children) in any way.
- Visiting your home or where you work.
It is a criminal offence for a person to breach the terms and conditions of a family violence restraining order. Punishment can include fines, imprisonment, or both, depending on the severity of the breach.
Family violence restraining orders are more specific than violence restraining orders or misconduct restraining orders because they apply to family relationships. Violence restraining orders and misconduct restraining orders apply to non-family relationships.
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Why Choose Savannah Legal
Our experienced team at Savannah Legal consists of family violence restraining order lawyers who are experts at successfully handling FVRO cases for our clients. We provide compassionate and supportive legal assistance to our clients during what is a stressful and potentially dangerous time.
Let us take care of the family violence restraining order process and lift the burden off your shoulders.
Free Consultation
A free 30-minute, no-obligation initial consultation to discuss your case needs and provide you with legal advice.
Application Assistance
Assistance with filing your violence restraining order application to the Magistrates Court if you are aged over 18, or to the Children’s Court if you are under 18.
Representation In Court
Representation in court hearings.
Post-Service Support
Post-family violence restraining order support (including order modifications if necessary). This includes advice on what to do if your family violence restraining order is breached.
The Legal Process
The family violence restraining order application process has three steps that you need to follow. It is crucial to get professional legal advice to help you with each step.Interim Order Application
Attend your court hearing(s)
Receive your final order
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Our very simple process for protecting your rights and safety
Threatened with family violence? You don’t have to go through it alone. Our simple and affordable process provides you expert legal advice and representation. It all starts with a conversation where we will discuss your current situation confidentially. After some basic information, we’ll schedule an appointment with one of our lawyers who is best suited for your situation.Schedule a free consultation
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Frequently Asked Questions
You can personally apply for a family violence restraining order if you are at least 16 years of age (or someone can apply on your behalf), or if you are under 18, your parent, guardian, child protection worker or the police can apply on your behalf.
In Queensland, anyone experiencing domestic or family violence can apply for a Protection Order. There is no minimum age requirement for applicants. If the victim is a child or a vulnerable person, a guardian, child protection worker, or police officer can apply on their behalf.
You or your legal representative can apply for an interim FVRO order either online or in person at a Magistrates Court. There is no need to formally apply for a final order. It will automatically be granted 21 days after the interim order is granted provided there is no objection that results in the interim order being dismissed by the Magistrates Court.
You or your legal representative can apply for a Protection Order either in person at a Magistrates Court or through a police officer, who may apply on your behalf. An interim order, called a Temporary Protection Order, can be sought initially to provide immediate protection. A final Protection Order is granted after a court hearing, where the evidence is reviewed, and the Magistrate determines whether the order is necessary.
If your FVRO is breached, then you should contact the police immediately. The person breaching the order will likely be charged by police and required to appear in court where they will face fines, imprisonment, or both.
If a Protection Order is breached in Queensland, it is considered a criminal offence. You should contact the police immediately if the order is violated. The person who breaches the order may be charged and required to appear in court, where they could face fines, imprisonment, or both, depending on the severity of the breach.
Your FVRO gives you legal and police protection against the person breaching any of the terms and conditions of the order. If any are breached, contact the police immediately.
A Protection Order grants you legal and police protection from the person listed in the order. If any conditions of the order are breached, you should contact the police straight away. The police have the authority to charge the person breaching the order, and they will face legal consequences.
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