Victoria government logo

Magistrates receive an affidavit before applying for a family violence intervention order


Who is leading the change

  • Victoria Police

Victoria Police ensure that before applying for a family violence intervention order the relevant magistrate receives an affidavit (prepared by the police prosecutor or civil advocate) specifying:

  • any previous family violence intervention orders relevant to the affected family member and respondent
  • whether the respondent is on bail for any offence and the conditions of any such bail
  • whether any previous family violence intervention orders have been breached
  • whether there are previous or forthcoming criminal proceedings, and the status of any such proceedings
  • whether there have been previous family violence incident reports (L17 forms) relating to the same parties
  • relevant risk factors relating to the current incident—including a status update on any risk factors described in the L17 relating to the application
  • the family violence intervention orders sought by police and whether the affected family member consents to those orders

A Victoria Police representative—for example, the police prosecutor, a civil advocate or the family violence court liaison officer—should discuss the particulars of the affidavit with the affected family member before the hearing.

  • The Victorian Government is liaising with the Magistrates' Court of Victoria and partner agencies to consider a number of reforms to improve information sharing across the family violence system, including between police and courts. Reforms for information sharing will include developing a standardised report to support an application for a family violence intervention order (FVIO) that specifies particular information as recommended by the Royal Commission into Family Violence.

  • Victoria Police has developed an affidavit to be completed by police members to support an application for an FVIO.

    The affidavit was developed in consultation with Magistrates' Court of Victoria which includes all information listed within the scope of the recommendation and other critical information identified through the project to inform the decision making by Magistrates.

  • Implemented.

Reviewed 17 May 2020

Was this page helpful?