Opposing a Family Violence Order Application (ACT)

In the ACT, family violence orders (FVOs) are governed by the Family Violence Act 2016.  When a person applies for an FVO against another person, the other person may consent to the application without admissions, or oppose the application. This page deals with the process for opposing a family violence order application in the ACT.

First mention

If you have been served with a family violence order application, there will be a court date listed on the paperwork you received. This is known as a first mention. If you want to oppose the order being sought, you should attend court on the date of the first mention and inform the court that you oppose the application.

A person may oppose an application on the basis that there are no grounds for the court to make an order or they may simply oppose the conditions being sought. If you are only opposed to the conditions being sought and would be willing to agree to an order with less stringent conditions, you may be able to resolve the matter by negotiating with the other party for different conditions.

If you are willing to consent to the order sought, you can do so without admissions and the order will be made on the spot (provided the court is satisfied with the material the applicant has filed). Having an FVO made against you does not mean you have a criminal record. However, if you breach the conditions of the order, this could result in a criminal record and criminal penalties.  

Contested hearing

If an application for a family violence order is contested and the matter cannot be resolved through negotiations, the court will set it down for a contested hearing. This is a date where both parties will call evidence and make submissions. The court will then decide whether to make an order or decline to do so.

At the contested hearing, the applicant will call evidence to establish that the parties are in a family relationship and that there has been violence, or the affected person has reason to fear that there will be violence. This may be because threats have been made or because the respondent has behaved in a threatening or controlling manner. The respondent will then have the opportunity to cross-examine the applicant’s witnesses to contradict, challenge or expose weaknesses or inconsistencies in their testimony.

The respondent may then call evidence in support of their contention that the order is not warranted. This may include evidence that the parties are not in a family relationship, that there has not been violence, or that the affected person does not have reasonable grounds to fear that there will be violence against them.  The applicant will then have the opportunity to cross-examine these witnesses.

When will an order be made?

A family violence order will only be made if all of the following elements are made out:

• the respondent and the affected person are in a family relationship as defined in section 9 of the Act. This includes spouses and partners, intimate partners, parents and children, and co-parents of a child; and
• the affected person has reasonable grounds to fear family violence by the respondent; or
• the respondent has used family violence against the affected person;

An order can be made for any period up to two years.

Consequences of a family violence order

The consequences of having a family violence order made are set out in Division 3.7 of the Family Violence Act 2016.

If a person has an FVO made against them and they hold a firearms licence, that licence will be suspended for the period the order is in force. The court may also order the seizure of the licence and of any firearm or ammunition in their possession.

Under section 43 of the Act, a person commits an offence if they breach the terms of a family violence order that has been made against them if they were present when it was made or if they have been served with a copy of the order. Breaching an FVO is a criminal offence punishable by a fine of up to 500 penalty units, imprisonment for five years, or both.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.