An intervention order (IVO) is a civil legal order made to protect a person from harm, threats, or abuse. The protected person can be a family member, intimate partner, colleague, neighbour, or even someone with no prior relationship to the respondent.
What is an IVO in Victoria?
An IVO is: A court order that is granted to protect individuals or families from harm, harassment, or threatening behaviour from another person.
Their purpose: To protect the affected person or affected family member from harmful behaviour, including violence, intimidation, stalking, sexual violence, coercive control or harassment. The types of intervention orders in Victoria are:
Family Violence Intervention Order (FVIO)
Designed to protect a person from family violence, usually involving current or former family members, intimate partners, or household members.
Personal Safety Intervention Order (PSIO)
Designed to protect a person from harassment, stalking, or threats from someone who is not a family member.
Interim Intervention Order (IIO)
This is a temporary court order issued in Victoria to provide immediate protection to a person while the full Intervention Order application is being considered. It usually lasts until the next court hearing and is often renewed until the Final Hearing or Final Order.
Interim orders can impose conditions such as staying away from the affected person, not contacting them, or avoiding certain locations such as their home or work. They are often used in urgent situations where there is a risk of harm, acting as a temporary protection until a Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO) is finalised.
Other names for intervention orders in Australia
Intervention orders are known by other names in different states and territories in Australia, but their purpose is the same – to protect individuals or families from harm, harassment or threatening behaviour.
Common names include:
- Restraining order – a general term used in some states for protection against harassment or threats
- Domestic violence order (DVO) – used in Victoria and South Australia to protect people from family violence
- Protection order – used in Queensland and other jurisdictions for protection against harm or harassment
- Apprehended Violence Order (AVO) – used in New South Wales and the Australian Capital Territory for personal protection
- Family violence order – used in Victoria to protect family members from family violence
While the names differ, each order allows a court to impose conditions to keep the affected person safe, such as preventing contact, staying away from certain locations, or restricting behaviour that may cause harm.
What is considered a prohibited behaviour in Victoria?
Intervention Orders (IVOs) in Victoria are designed to protect individuals or families from harmful behaviours. They can cover:
- Physical violence, such as assaults or threats of harm
- Emotional or psychological abuse, including intimidation, harassment or coercion
- Stalking or surveillance, which may be repeated following, unwanted contact or monitoring
- Financial abuse, for instance, controlling or misusing someone’s money or assets
- Property damage, such as vandalism or threatening destruction of belongings
The court can impose conditions such as staying away from the affected person, avoiding contact or restricting access to certain locations to ensure safety.
What sort of specific terms can an IVO cover in Victoria?
In Victoria, an Intervention Order (IVO) can include specific conditions tailored to protect the affected person or family.
Common terms include:
- No contact with the children who may be included on the IVO
- No contact: The other party must not approach, call, message or otherwise communicate
- Stay away from certain locations: This may include home, work, school or other specified places.
- Restrictions on behaviour: No harassment, intimidation, stalking or threatening actions.
- Refraining from disclosing private information: Conditions may be made to not disclose someone’s sexuality, gender identity or share or threaten to share private images.
- Surrender of firearms or weapons: If the other party has access to them, restrictions may be placed and firearms are usually removed by Police.
- No interference with property or belongings: This may include preventing damage, threats to damage things or taking possessions.
- Prohibition on approaching children or others: If children or other people are at risk, they may also be included on the order.
- Other specific conditions: Any measures the court considers necessary to protect safety and prevent harm.
These conditions can be customised depending on the level of risk and the nature of the harmful behaviour.
What is the process of getting an IVO in Victoria?
The process of getting an IVO in Victoria
- Application: The affected person, a family member, or the police can apply to the local Magistrates’ Court for an Intervention Order.
- Interim order (if needed): If urgent protection is required, the court may issue an Interim Intervention Order (IIO) until the full hearing.
- Notification: The other party (respondent) is formally served with the application and any interim order.
- Court hearing: Both parties attend a hearing where evidence is presented. The court considers risk, behaviour, and protection needs.
- Potential adjournment: The matter may be adjourned if the IVO is not agreed to by the Respondent
- Final order: The court may grant a Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO) with conditions tailored to protect the affected person.
- Enforcement: Breaching an IVO is a criminal offence. Police can enforce the order if conditions are violated.
Throughout the process, legal assistance is recommended to ensure the application is complete, evidence is properly presented and rights are protected.
How long does an IVO last in Victoria?
In Victoria, an Intervention Order (IVO) can last for a set period determined by the court, depending on the risk and circumstances.
Typically, the following timeframes are followed:
- Interim IVO: Lasts until the next court hearing (usually a few weeks)
- Final IVO: Can last from 1 to 5 years, depending on the severity of the threat, the nature of the behaviour, and the protection needs of the affected person or family
The court can also vary or extend an IVO if circumstances change or if ongoing protection is needed.
How much does it cost to get an IVO in Victoria?
Applying for an Intervention Order (IVO) in Victoria is free. However, if you hire a lawyer for assistance or representation, legal fees will also apply, which vary depending on the complexity of the case. If you need assistance with the application process, you can contact the Victims of Crime Helpline at 1800 819 817 for support and guidance or Pearsons Lawyers, as we are able to assist.
What is an emergency order granted by police in Victoria?
In Victoria, the police can issue emergency protection orders in urgent situations to provide immediate safety. These include:
- Family Violence Safety Notices (FVSN): These are issued by police when there is an immediate family violence risk; they usually last up to 72 hours.
- Family Violence Safety Orders (FVSO): These can be applied for by police at court if further protection is needed; these last until a full hearing.
- Interim PSIO: Police may assist with a temporary order granted by the court until the full PSIO hearing.
What happens if you are living with someone and an FVSN is issued?
In Victoria, if you are living with someone and a Family Violence Safety Notice (FVSN) is issued due to an immediate risk of family violence.
It requires the person using or threatening violence to leave the shared home or stay away from certain areas. It is temporary, usually lasting up to 72 hours, giving the affected person immediate protection. Breaching an FVSN is a criminal offence, and police can arrest the person if they do not comply.
Essentially, the notice is designed to give the victim immediate safety, even if both parties live in the same residence, until the court can issue a longer-term order.
Is an IVO a criminal matter in Victoria?
In Victoria, an Intervention Order (IVO) is primarily a civil matter. The court issues the order as a protective measure, and it is not a criminal matter or offence for an order to be made against someone. However, if the IVO is breached, it becomes a criminal offence, and the police can investigate, charge, and prosecute the respondent. So, an IVO is civil in nature, but breaches are enforced through the criminal law.
What is the process of responding to an order in Victoria?
If you are served with an Intervention Order, you can choose to consent to it or contest it in court. It’s important to seek legal advice, understand the conditions and attend the hearing.
- Receive and review the order carefully.
- Decide whether to consent or contest the order.
- Seek legal advice to understand your options (such as agreeing to the Order but denying the allegations or contesting the IVO).
- Attend the court hearing, where the Magistrates’ Court decides the outcome.
If the order is made, it’s essential to comply with the order, as breaching it is a criminal offence. Pearsons Lawyers can represent you at the Hearing
What are the legal ramifications of having an IVO in Victoria?
An IVO (family violence intervention order) imposes legally enforceable conditions on a respondent designed to protect the person named as the protected person. Conditions commonly include no-contact or no-approach directions, limits on communication, and exclusions from certain premises. While in force, an IVO can affect day-to-day matters such as living arrangements, child contact, and access to shared property.
Police enforce IVOs, and a breach can lead to criminal charges. The existence of an IVO may also be relevant in family law and child protection proceedings and can be disclosed to courts and agencies where safety or risk is at issue. For urgent safety issues, Victoria Police and the Magistrates’ Court can issue interim orders quickly.
What are the consequences of breaching an IVO in Victoria?
Breaching an IVO is a criminal offence. If police charge a respondent with a breach, the matter usually proceeds to the Magistrates’ Court. Depending on the seriousness and the respondent’s record, penalties can include fines, community corrections orders, good behaviour bonds, or imprisonment.
A conviction for breach also creates a criminal record, which can have ongoing effects on employment, travel, and family law matters. Police can arrest where they reasonably suspect a breach, and urgent breaches may result in immediate charges. The court treats breaches seriously because they risk the safety of protected people.
National recognition of intervention orders
There is a national scheme, so intervention orders are recognised across state and territory borders. The National Domestic Violence Order Scheme (NDVOS) came into effect on 25 November 2017, meaning an order made in one Australian jurisdiction can be enforced anywhere in Australia.
That national recognition strengthens safety for protected people who move between states or territories because police in each jurisdiction will treat the order as authentic and enforce its conditions.
What evidence is required for an IVO in Victoria?
There is no single checklist, but compelling evidence typically shows a pattern or incident of family violence or risk.
Useful material if the IVO is contested includes:
- Police reports; present and historical
- Family violence safety notices
- Medical records
- Photos of injuries or property damage
- Threatening messages, calls or emails
- Witness statements
- Notes or diary entries
The court can also consider past incidents, behaviour patterns, and reports from child protection or counselling agencies. The applicant should provide as much relevant evidence as possible to help the magistrate assess risk and decide on appropriate conditions. If safety is urgent, a court can make an interim order based on limited evidence while further proof is gathered.
What is a contested hearing for an IVO?
A contested hearing is the final court hearing where both sides present evidence and the magistrate decides whether to make a final intervention order. The process usually starts with a mention, may include directions hearings to narrow issues and manage evidence, then proceeds to the contested hearing if the parties do not agree.
At the contested hearing, each party gives sworn evidence, witnesses may be cross-examined, and legal submissions are made. The magistrate then determines whether the legal test for an order is satisfied and, if so, the wording and length of the order. Contested hearings are formal, and it is common for parties to obtain legal advice or representation.
Need support with an intervention order or family law matter?
If you need help applying for protection, or you’ve been served with an intervention order you believe is unfair, our family lawyers are here to guide you with compassion and experience. We understand how stressful these situations can be, and the impact they can have on your wellbeing, parenting arrangements, home life and work.
Our team provides clear advice and practical support to help you understand your rights, respond appropriately, and protect your future. Whether you’re seeking to apply for or contest an IVO or need guidance on family law or parenting matters connected to the order, we’ll help you move forward with confidence.
Speak with one of the experienced Family Lawyers at Pearsons Lawyers today on 1300 699 688 or via our contact form to discuss your situation and get the support you need.
