Intervention Order Lawyers Melbourne
Intervention Orders: IVO, FVIO and PSIO
If you are seeking an Intervention Order due to family violence or personal safety reasons, responding to an order, or managing a family law matter with an intervention order in place, our team of highly experienced Melbourne Intervention Order Lawyers can assist.
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Family Law Guidance Since 1922
For over a century, Pearsons Lawyers has helped Melbourne families through complex family law and domestic violence matters with expert advice, compassionate support and experienced representation.
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Book a free consultation with our Melbourne domestic violence and intervention order lawyers to understand your legal position, your options and what you can expect from the process.
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Led by Leanne Abela and Joseph Schepis, our experienced team provides practical legal advice and representation in domestic violence and intervention order matters, helping you understand your rights and respond to the issues affecting you.
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Speak With Our Highly Experienced Melbourne Intervention Order (IVO) Lawyers Today
Applying for or responding to an intervention order can be highly distressing for all parties involved. Intervention orders can have serious impacts on family law proceedings too, and need to be managed holistically with respect to any other orders in place. We understand how sensitive family and domestic violence matters are and will provide clear, confidential legal advice regarding orders, family violence and any related parenting or property matters.
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What are Family Violence Intervention Orders (FVIO)?
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A Family Violence Intervention Order (FVIO) is based on the Family Violence Protection Act 2008 and is designed to protect individuals and families from harm being caused by another person, due to domestic and family violence, stalking, coercive control and other types of damaging behaviours.
Family Violence Intervention Orders are frequently made in relationships between intimate partners, such as de facto or married couples (including former partners) and also in family unit settings. This can include harm directed at children, elders, siblings or parental abuse. They also apply to people in informal care relationships, where one person is dependent upon the other for help with daily living activities.
The Applicant (the person who has submitted the paperwork) may be the person the order covers, a concerned third party (with permission of the affected person) or a police officer.Affected family member/s are the person or people the order seeks to protect. A protected person may not be an actual family member, but are considered protected under the rules of a Family Violence Intervention Order. Children are frequently protected persons under this type of order.
How is a Family Violence Intervention Order application made?
Intervention order applications are made through a local Magistrates Court (the Magistrates Court of Victoria) and can be made online. They are often made by the Affected Person or Protected Person or their lawyer. Still, they can also be made by the police or another applicant on behalf of the person experiencing violence or if it's out-of-hours and immediate protection is needed.
For an intervention order to be granted, the Respondent(the person protection is being sought against) generally needs to be served with relevant orders. If the Respondent is unable to be found, or difficult to serve, the courts may grant an interim or final order if they believe it is warranted. Both parties and their lawyers may attend the Magistrate courts for the hearing, or the police prosecutor may do this on behalf of the aggrieved if the police have applied for the order.
If safety issues present for the applicant / protected person, measures such as appearing by video link may be put in place. If the Respondent does not attend, a final order may still be made to grant the order. Pearson Lawyers have extensive experience in assisting in intervention order matters. Please get in touch with us to find out how we can help.
What is the Family Violence Protection Act of 2008?
The Family Violence Protection Act of 2008 is a piece of legislation that is currently active (enacted) in Victoria. It's designed to give legal protection and support to individuals and families who have experienced or are at risk of experiencing family violence. It covers:
Intervention Orders: The Act allows for intervention orders, also known as restraining orders or protection orders, to be issued by Victorian Magistrates Courts to help to protect victims of family violence from further harm.
Giving The Police The Ability To Act: It grants additional abilities to police to intervene in cases of family violence, including being able to issue on-the-spot intervention orders if they attend an incident in which someone experiencing family violence may require protection and not be able to act on their own behalf.
Support Services: The Act also covers additional support services for victims of family violence, including emergency access to refuges and shelters, counselling, and legal assistance.
Legal Definitions: This legislation also provides legal definitions of what family violence is, covering physical, sexual, emotional, psychological and financial abuse, as well as controlling and coercive behaviour.
You can learn more about it here: https://aifs.gov.au/research/family-matters/no-83/family-violence-protection-act-2008
What Grounds Are Intervention Orders Made On?
An Intervention Order (IVO) is a court order issued by the Magistrates’ Court in Victoria, aimed at protecting individuals, children and families (and their property) from harmful behaviour being directed at them by another person.
They can be made for a number of reasons, including if someone has:
- Behaved in a threatening, offensive or intimidating way that makes you or others fearful
- Assaulted or abused you, or threatened to do so (sexually, physically, mentally, emotionally, psychologically or financially)
- Harassed you, or had other people harass you
- Used fear or coercive control to influence you, or remove your autonomy
- Caused you or your family to live in fear
- Followed you or stalked you (in person or online)
- Threatened to damage your property, or harm your pets
These orders legally require a person to stop directing harmful behaviours towards another person, and/or their family. They are civil orders (not a criminal matter) that outline actions they need to stop doing, or not attempt to do. If the person does things they have been ordered not to do, it’s seen as a breach of the order.
How Do I Respond To An Intervention Order Being Made Against Me?
If the police have served papers on you as the Respondent to an FVIO or PSIO, ensure you follow all requests outlined in the order, even if you wish to dispute or appeal it, and seek legal advice as early as possible - before responding.
While orders of this type are civil orders rather than a criminal charge, if a breach occurs, it is considered a criminal matter. This may also affect parenting and property matters, so it’s critical to speak to a lawyer about your situation and the best way to manage it.
There are different ways you can respond, depending on your circumstances. You can:
- Consent to the order in court. This can be done in two ways. You can admit to the allegations, or disagree with the allegations, but still consent to the order being made.
- Consent to an undertaking. This is different from having an order in place, and is an agreement between the Applicant and Respondent on how the Respondent will behave.
- Contest the order in court. If you believe the allegations have been made falsely, you can dispute the allegations, or request further evidence be provided.
- Consent to the order, but request conditions to be changed. This may be having time with children, or other conditions that are relevant.
- If the order has already been made, you can apply to vary or revoke the order.
You will need to attend court or have your lawyer do so on your behalf, as an order can be made even if you do not attend. It is important to attend court if possible and prepare yourself before the day.
Please speak to us if you need to understand more about managing an intervention order court hearing. You can also find more information about consenting to an order here.
How Can We Assist With Your Intervention Order Matter?
Intervention Orders (IVO) demand a high degree of understanding and awareness of the broader impact such orders have on parenting and property matters. We can help you manage all aspects of your matter, to achieve the best possible outcome for your situation.
We provide:
- Advice and representation to apply for, alter, respond to, or defend an intervention order, whether it's on an interim or final basis
- Assistance with any related family violence matters, including having children included as protected persons on an order
- Support for managing parenting and property matters running at the same time
- Help to apply for variations, extensions or cancellations of existing intervention orders
- Advice on how to respond to breaches or orders in place
- Representation in the Magistrates’ Court, for Mentions, Directions Hearings and Contested Hearings.
We understand that it can be even more overwhelming to manage Intervention Orders when you have been in an intimate relationship with someone, and even more distressing when there are children involved. We’ll ensure you have the right support and advice, whether it’s a standalone matter or you are also negotiating parenting and property matters or proceedings in the Federal Circuit and Family Court of Australia.
What types of Intervention Orders are there in Victoria?
In Victoria, the relationship between the two parties determines the type of Intervention Order that will be made:
- A Family Violence Intervention Order (FVIO) is made for family members, partners and former partners
- A Personal Safety Intervention Order (PSIO) is made for strangers, neighbours, friends or people who work together.
How is a Family Violence Intervention Order application made?
Intervention order applications are made through a local Magistrates’ Court (the Magistrates’ Court of Victoria) and can be made online. They are often made by the affected family member, but can also be made by Victoria Police or, in certain circumstances, another person on behalf of someone experiencing family violence. Police can also apply for an interim order outside court hours where immediate protection is needed, or issue an on-the-spot Family Violence Safety Notice (FVSN).
The Respondent, the person an intervention order is sought against, will generally be served with the relevant documents. However, an interim order can be made without the Respondent first being served where urgent protection is required. If the Respondent does not attend the hearing, the Court may still make a final order in appropriate circumstances.
Both parties and their lawyers may attend the Magistrates’ Court for the hearing. Where there are safety concerns, measures such as appearing by video link may be available. Pearsons Lawyers has extensive experience assisting clients with intervention order matters. Please get in touch to find out how we can help.
How long will an Intervention Order last for once it's been put in place?
In Victoria, the court sets how long a final intervention order lasts. It may be for a fixed period or, in some cases, until it is revoked. This can be a year or indefinitely if the circumstances call for it.
Interim orders will last until a final order is made, or if the interim order is cancelled or changed. Orders can be removed by the Applicant only in very limited cases, or when a Respondent appeals the matter successfully, or at the Court's discretion.
If the Protected Person requests an intervention order to be removed (whether they applied directly for it or it was placed on their behalf by the police), the Courts will often not remove the order. This is because some people are pressured, threatened or coerced to have an order cancelled when they are still at risk of harm.
What are the costs of getting an Intervention Order in Victoria?
There are no court fees to apply for an intervention order through the Victorian Magistrates’ Court. Costs will apply for legal fees if either party chooses to seek legal advice or requires representation at a matter.
If you need to understand more about the costs associated with working with our Intervention Order Lawyers, please get in touch and we'll be able to give you a clear figure based on the details of your matter. Your first consultation is free.
Are there alternatives to getting an Intervention Order against my ex-partner or my child's parent?
It really depends on the nature and severity of the matters. If you need a safety order that is enforceable, an Intervention Order is often the legal avenue chosen. If parenting and property matters are being managed through the Federal Circuit and Family Court of Australia, personal protection injunctions may also be used. This can include injunctions made for child-related matters under section 68B of the Family Law Act 1975 (Cth), which can also extend to the safety of a parent. Injunctions for property and related matters can also be made under section 114 between spouses, or under section 90SS for de facto couples. These provisions can protect a party and restrain the other party from entering or coming within a set distance of their home or workplace. Breaches of injunctions are treated in a similar manner to breaches of IVOs.
If you are looking at alternative ways to address family and domestic violence, another option may be an undertaking, which is an agreement of behaviours made in court.
In some cases, counselling orders or educational courses may be prescribed by court order, but this will usually be alongside an IVO. If children are involved, it's also possible to organise supervised visits if children will not be at risk of harm in this setting.
What other safety plans can I put in place if experiencing Family Violence?
If you are experiencing family violence, our team of lawyers have the necessary knowledge, skills and expertise to assist you and your family in these difficult times. Creating a safety plan is highly advised, as is preparing an emergency exit plan, which can be implemented at work, at home and at school for any children involved. A plan should cover:
- How to leave quickly and safely if needed
- Items that will need to be taken (ID, clothing, toiletries etc)
- Who to contact if there is an incident or emergency (police, lawyers, family, friends etc)
- How to safely use your phone and internet, especially if there is any chance it's being monitored. This may include changing pins, using anonymous email addresses, and increasing login security.
Please get in touch with our Melbourne team of intervention order lawyers today for further advice and assistance.
What is the Family Violence Protection Act 2008?
The Family Violence Protection Act 2008 is the legislation that is currently active (enacted) in Victoria. It's designed to give legal protection and support to individuals and families who have experienced or are at risk of experiencing family violence.
It covers:
Intervention Orders: The Act allows for intervention orders, also known as restraining orders or protection orders, to be issued by Victorian Magistrates Courts to help to protect victims of family violence from further harm.
Giving The Police The Ability To Act: It grants additional abilities to police to intervene in cases of family violence, including being able to issue on-the-spot Family Violence Safety Notices if they attend an incident in which someone experiencing family violence may require protection and not be able to act on their own behalf.
Legal Definitions: This legislation also provides legal definitions of what family violence is, covering physical, sexual, emotional, psychological and financial abuse, as well as controlling and coercive behaviour.
Respondents
I feel I have had an Intervention Order placed on me unfairly, what should I do?
While family violence and personal safety intervention orders were created to protect vulnerable people from experiencing harm from violence, harm, control and abuse, there are, unfortunately, people who use them vexatiously, unfairly or for personal gain. If you feel an order has been made, or applied for unjustly or for leverage in family law proceedings, it's vital to get legal advice.
Our team has extensive experience working on matters such as this and will provide support and legal representation where required to assist with an appropriate response to orders. Please get in touch with our team as soon as possible for further advice. You can also read more about commonly asked questions about Intervention Orders.
What is a Prohibited Behaviour during an active Intervention Order?
Prohibited behaviours outlined in an intervention order can include many things but are commonly made to prevent someone from:
- Coming within a certain distance of someone
- Contacting someone
- Following or showing up at another person's home or work
- Making threats or directing behaviours such as physical violence, sexual violence, emotional abuse, mental abuse, economic abuse, stalking, threats or coercive control at the protected person/s
These orders might be made to stop someone from making threats or physically harming another person, their property or their pets. They could relate to preventing financial abuse of an elder family member or partner or stopping someone from having a third party harass them. There are many reasons that these orders can be made, and while they are often seen in intimate relationships (marriages, de facto or romantic relationships), orders are also made to protect a family unit or can be made against a neighbour or someone who is otherwise a stranger.
There may be a serious history of sexual, physical or psychological violence, or ongoing issues with coercive control or invasion of privacy. Whether obvious or more subtle, orders can be made to prevent ongoing incidents that may escalate over time, and interim orders can be made if immediate protection is required.
What are the consequences of breaching an Intervention Order?
Intervention order breaches in Victoria can have serious consequences, and shift from being a civil to a criminal matter.
Consequences include:
- Being arrested or having further court matters to address, which may result in a trial and/or a conviction
- Having criminal charges laid (summary or indictable), which may result in community orders, fines, travel bans, visa issues, security clearance revocations, cancellation of firearms licences and imprisonment in some cases
- Changes to the order being made, such as it being extended or having more conditions added to it
- Impacts on family law matters and outcomes if family or domestic violence charges are made
Breaching intervention orders are serious criminal offences, which can result in criminal charges and leave you with a criminal record. That's why it is vital to seek legal assistance from expert intervention order lawyers, if you are responding to an order and follow orders carefully if one is already in place.
If a matter results in criminal prosecution, criminal defence lawyers may be required.
What are Personal Safety Intervention Orders (PSIO)?
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A Personal Safety Intervention Order (PSIO) is similar to a Family Violence Intervention Order, but are more specifically made to protect one or more persons from certain behaviours from another person, including physical, emotional, mental or psychological harm.
Other behaviours such as financial abuse, stalking, coercive control and threats to harm can also be grounds for a Personal Safety Order.
The main difference between a PSIO and an FVIO is that no familial relationship is deemed present with a PSIO. This may be someone you work with, an acquaintance or a neighbour who has intended to cause you physical or mental harm.
What is an Interim Intervention Order?
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An Interim Order is made by or on behalf of the protected person or protected persons as a temporary measure of protection before an intervention order hearing takes place.
This is often done when immediate security is required but cannot be granted when needed and may be made by the police.
Final Family Violence and Personal Safety Intervention Orders need to be made at the Magistrates' Court, on or on behalf of the Protected or Affected Person.
What's the difference between an FVIO, PSIO, IVO, AVO and Restraining Order?
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Family violence and personal safety orders have different names in different states and have also changed over time across states. Different types of orders with similar purposes may also have specific names, such as Victoria's FVIO & PSIO.
- Protection Orders (QLD)
- Apprehended Domestic Violence Order (NSW)
- Intervention Orders (VIC & SA)
- In Victoria, we have Family Intervention Orders (FVIO) or Personal Safety Intervention Orders (PSIO), which are collectively referred to as Intervention Orders (IVO).
- Violence Restraining Orders (WA)
- Family Violence Order (TAS)
- Domestic Violence Order (ACT & NT).
Order names also vary in common language use, broadly referred to as 'Restraining Orders', as well as previous legal names like AVO (Apprehended Violence Orders) and IVO (Intervention Order).
Are there alternatives to getting an Intervention Order against my ex partner or my child's parent?
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Yes, there are alternatives to Family Violence Intervention Orders, but it really depends on the nature and severity of the matters.
In some cases, counselling orders or educational courses may be prescribed by court orders, but this will only occur if the court does not deem a safety risk present.
If children are involved, it's also possible to organise supervised visits if children will not be at risk of harm in this setting.
What other safety plans can I put in place if experiencing Family Violence?
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If you are experiencing family violence, our team of lawyers have the necessary knowledge, skills and expertise to assist you and your family in these difficult times.
Creating a safety plan is highly advised, as is preparing an emergency exit plan, which can be implemented at work, at home and at school for any children involved. A plan should cover:
- How to leave quickly and safely if needed
- Items that will need to be taken (ID, clothing, toiletries etc)
- Who to contact if there is an incident or emergency (police, lawyers, family, friends etc)
- How to safely use your phone and internet, especially if there is any chance it's being monitored. This may include changing pins, using anonymous email addresses, and increasing login security.
Please get in touch with our Melbourne team of intervention order lawyers today for further advice and assistance.
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Our Process
1. Book Your Free First Appointment
Book your first appointment, for free, with one of our experienced, senior Intervention Order Lawyers in Melbourne. This gives you a private opportunity to discuss your situation and understand your legal options, with no obligation to proceed.
2. Speak With an Intervention Order Lawyer
Get answers to your questions and practical advice about your intervention order matter. We’ll explain your rights, obligations and options, including what to expect and what steps may be available to you.
3. Know Where You Stand
With the right legal advice, you can understand your position and make informed decisions about what comes next. We’ll provide the guidance and representation you need to manage your intervention order matter and any related family law matters.
Know Where You Stand
Book Your Free First Appointment
During your free appointment with one of our experienced lawyers, we will:
- Discuss your circumstances and concerns.
- Answer any questions about the legal process.
- Explain your options and potential pathways.
- Provide information about your legal rights, obligations and entitlements.
- Outline the likely costs and timeframes involved.
Call our office or fill in the contact form to book your free appointment.
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