Author: Carol Pages, Pages Family Law.
In Victoria, and across Australia, a person legally becomes an adult at 18. This milestone brings new rights and responsibilities—like voting, obtaining a driver’s licence, and the end of parenting orders under the Family Law Act 1975. But what happens to Family Violence Intervention Orders (FVIVOs) when a child turns 18?
This is a complex area of family law in Victoria, and one that concerned parents and young people often ask about. As experienced family lawyers in Melbourne, we’re here to help clarify the law.
What is a Family Violence Intervention Order (FVIVO)?
FVIVOs are protective orders made under Victoria’s Family Violence Protection Act 2008. These orders are designed to protect people—including children—from family violence. Orders can be interim (temporary) or final, and can be made by the Magistrates’ Court or the Children’s Court, depending on the age of the person involved.
Conditions That Can Apply in an FVIVO
The conditions of an FVIVO vary, but commonly include:
- ● No contact with the protected person(s)
- ● Staying a certain distance (e.g. 200 metres) from home, work or school
- ● No communication via text, phone, or social media
- ● Not committing family violence in any form
In some cases, different conditions apply to different family members. For example, full no-contact may apply to one person, while limited communication (such as by text) may be allowed with children.
How Do FVIVOs Interact With Parenting Orders?
If there are parenting orders in place under the Family Law Act, a Magistrate must consider those before making or varying an FVIVO. Similarly, if there is a current FVIVO, the Family Court will take that into account when making parenting orders.
Parenting orders often include exceptions to an FVIVO, allowing a parent to communicate or spend time with a child in accordance with court orders. It’s essential to understand how both orders interact—and if you’re a respondent to a FVIVO, get legal advice to avoid breaching conditions.
What Happens When a Child Turns 18?
This is a grey area under current Victorian law. The Family Violence Protection Act does not specify whether a child included in an FVIVO is automatically removed from the order on their 18th birthday.
Although parenting orders under the Family Law Act cease when a child turns 18,
FVIVOs, may or may not continue to apply to the person after they turn 18—depending on how the order was made.
- ● In some cases, courts have explicitly stated that protections for children end at 18
- ● In other cases, courts have upheld orders that extend beyond 18, offering a grace period for the young person to decide whether to apply for their own order
The Supreme Court of Victoria in a previous case confirmed the Magistrate extending the FVIVO in that case several months past the young person’s 18th birthday, in effect providing a grace period for the young adult to make an application for themselves if they sought one, after 18.
Can a Young Person Apply for Their Own Intervention Order?
Yes. In Victoria, young people aged 14–17 can apply for their own FVIVO through the Children’s Court. The process starts with an appointment with a court Registrar, and usually involves referrals to legal and support services.
What Should Parents Do As Their Child Approaches 18?
If you are a parent of a young person included in a current FVIVO, consider the following:
- ● Check the expiry date and specific wording of your existing order
- ● Seek legal advice to clarify what happens once your child turns 18
- ● Speak with your lawyer or the court if you have a hearing coming u
- ● Understand that the child may need to apply for their own order once they are legally an adult
Importantly, children under 18 do not usually give evidence in FVIVO proceedings unless the Court gives permission. The Court’s priority is to protect children and minimise their exposure to family conflict.
Will there be any changes to the law in this area?
There has been a call for submissions in relation to aspects of FVIVOs for children and young adults and these are due to be delivered to the Attorney General in July 2025. It may be that the law in this area will be clarified by the Parliament.
Need Advice About Intervention Orders and Family Violence?
Navigating FVIVOs and family violence protections can be complex—especially as children grow into young adults. If you’re unsure about your rights, or those of your children, speak to an experienced family violence lawyer in Melbourne.
At Pages Family Law, we support families with clear, compassionate advice and strong legal representation. Contact us today for guidance on:
- ● Family violence intervention orders
- ● Parenting arrangements after separation
- ● Court proceedings in the Magistrates’ or Family Courts
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
