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

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.