Section 10E of the Restraining Orders Act 1997 (the Act) states:
"An FVRO may be made for the benefit of a child if the court is satisfied that -
a) the child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely again to be exposed to such violence; or
b) the applicant, the child or a person with whom the child is in a family relationship has reasonable grounds to apprehend that the child will be exposed to family violence committed by or against a person with whom the child is in a family relationship."
In what circumstances should a child protection worker seek a VRO on behalf of a child?
Child protection workers should use the powers granted under the Act (s.18(2)) to apply for an FVRO on behalf of a child to protect them from further exposure to FDV. Child protection workers should consider this option if:
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the violence is likely to escalate and the child is at risk of further harm, and/or
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it would decrease risk to the adult victim if Communities was the applicant for the FVRO.
Refer to FVRO on Behalf of Children (in related resources) for more information.
A FVRO should be considered an opportunity to significantly contribute to a robust safety plan that reduces risk and alleviates Communities' concerns for a child and adult victim experiencing FDV. Seeking a FVRO on behalf of a child does not require the child to be in care, or for the case to remain open for the duration of the FVRO if the child is assessed as being safe in the adult victim’s care.
Approval to obtain a FVRO
The decision for Communities to apply for a FVRO on behalf of a child must be approved by a team leader with notification to the district director. Once approved, the district must notify the Child Protection Legal Unit, for their information.
Role of the Child Protection Legal Unit
The Child Protection Legal Unit is available to:
- provide advice about FVRO applications (Note: it is the responsibility of the district office to lodge the application and participate in the interim hearing), and
- attend and participate in final order hearings (if the interim order is contested by the respondent).
When available, the Child Protection Legal Unit lawyer may also attend to assist with the interim hearing, depending on the circumstances of the case.
Application process
Child protection workers should apply for a FVRO on behalf of a child in the Children’s Court. In some circumstances it may be appropriate for the application to be lodged in the Magistrates Court. There are also provisions for telephone applications which might apply in some regional locations (s.19 and s.20 of the Act).
An application form must be completed. In the section ‘application details’ a clear and concise summary of past acts of abuse and/or likely future acts of abuse that the child has been exposed to must be provided. It is important that the summary clearly articulates the grounds for the application and how these meet the legislative requirements (s.10E of the Act). See links to FVRO application forms below.
The application form must be lodged with the registrar at the court and an ex-parte hearing requested. Ex-parte means the respondent won’t be present. A judicial officer will hear the matter as soon as possible. At the first hearing, the child protection worker will be asked to provide evidence to support the application. This can be provided verbally or contained within an affidavit filed with the application. Note: Practice may vary in some regional courts.
For guidance on how to complete a FVRO application and attend court for a first hearing, refer to the following documents (in related resources):
If an interim FVRO is granted, the order is faxed to the police station nearest to the respondent's home, and the police will serve the order on the respondent, if possible within 24 hours of it being granted. The FVRO comes into effect at the time it is served on the respondent.
Obtaining a final order
Where a final order hearing (for example, a defended hearing) is required, the child protection worker and Communities' Legal Officer (or contract solicitor) should both attend the full hearing.
Recording the FVRO on Assist
A “FVRO Alert" must be entered in Assist if a final order is made (whether or not Communities is the applicant). If the FVRO has been initiated by Communities on behalf of a child, then case workers must select 'Dept. initiated FVRO' in the drop down box under 'sub type' and the alert should be recorded against the child/ren protected by the FVRO. A copy of the FVRO must be saved on the case file.