Intervention Order Lawyers

Our intervention order lawyers regularly provide legal advice and attend to the Melbourne Magistrate's Court, Dandenong Magistrate's Court, and other magistrate's courts in Victoria. Our family lawyers have years of experience in intervention orders and court representation and can get you the best outcome.

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Get Intervention Order Legal Advice

You should get legal advice, as anything you say in intervention order proceedings can be used against you, both now and in the future, including in:

• criminal law proceedings

• property settlement proceedings

• parenting proceedings

• child protection proceedings

• civil law proceedings

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Intervention order proceedings must be considered as a part of your overall legal circumstances, rights, and options. Get legal advice before saying anything, making a statement, or putting anything in writing, or if you have already said something.

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If Victoria Police commence intervention order proceedings against you and there are allegations of criminal conduct, criminal charges may also be brought against you.

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If you are concerned about the impact of an intervention order, criminal charges, or implications around parenting arrangements for an intervention order, please call and speak to one of our experienced intervention order lawyers on 1800 976 214.

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What is an Intervention Order (IVO)?

IVO Definition

An intervention order is a court order made to protect a person from alleged or actual threatening, harassing, abusive, controlling or violent behaviour made toward them by another person. 

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Intervention orders can be obtained through false allegations and distortion. A person who brings an intervention order by making a false declaration faces significant penalties, including a maximum penalty of 5 years imprisonment.

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The allegations leading to an intervention order are usually made by Victoria Police, a spouse or de facto partner, or someone from another relationship. Until any allegations are proven, they remain allegations only. If any allegations are made outside of intervention order proceedings and are untrue, they can lead to a defamation claim.

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Before a court makes an intervention order, Victoria Police can issue a family violence safety notice (FVSN). If an FVSN is issued, it will then come before the Magistrate's Court for assessment. An FVSN can be withdrawn, dismissed, or made into an undertaking, made into an interim intervention order, or made into a final intervention order. 

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A court will determine the conditions that apply to an intervention order. When a court makes an intervention order, it will consider any submissions from the parties about what conditions the intervention order should have.

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Intervention orders are known by different names. In Victoria, they are known as family violence intervention orders, personal safety intervention orders or IVOs. They are also known as restraining orders, restraint orders, apprehended violence orders, AVOs, domestic violence orders, DVOs, personal violence orders or PVOs.

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What Can Intervention Orders Do?

An intervention order can affect broad rights and freedoms of a person (called the respondent) that the intervention order imposes conditions on. Intervention orders conditions depend on evidence and facts. There can be one condition, a few conditions, or full conditions.

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A list of common conditions that can be made in an intervention order include, but are not limited to:

• Restraining a person from committing family violence.

• Restraining a person from going to a residence even if this was their family home and principal place of residence.

• Restraining a person from being within a certain distance of a home, place of work, place of education or childcare of another person.

• Restraining a person from being within a certain distance (usually 5 or 10 metres) from another person.

• Restraining a person from contacting another person by telephone, email, or any other means.

• Restraining a person from following or attempting to keep track of another person, including online such as on social media like Facebook.

• Restraining a person from posting information online about another person.

• Not getting anyone else to do what the person cannot do themselves under an intervention order.

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Depending on the circumstances, the conditions that apply to an intervention order can be challenged or changed by a magistrate's court.  We recommend that an intervention order lawyer make submissions regarding what conditions should apply in most cases.

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Can I Defend Myself Against an Intervention Order?

Yes, every person that is affected by an intervention order has the legal right to make submissions to the magistrate's court. 

 

If the police have taken out an intervention order, then the police are the applicants and they will make the main submissions against the respondent. 

 

If an intervention order application is not withdrawn, dismissed or settled, then, the respondent can consent to a final intervention order or oppose the application and go to trial. 

 

At an intervention order trial, evidence will be presented by each party in accordance with the rules of evidence to a magistrate to make their case.  The magistrate will then decide whether there are proper grounds on the balance of probabilities, to impose an intervention order on the respondent.

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Under some circumstances, there can be a costs order made by the court against an unsuccessful party where an intervention order matter proceeds to trial.

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Any person affected by an intervention order must carefully consider their options, legal rights, and the likely outcome of intervention order proceedings.  Our experienced intervention order lawyers have given legal advice in many different circumstances and can provide legal advice about your rights and options.

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Breaching an Intervention Order

Breaching an intervention order can lead to criminal charges and serious penalties, including up to 2 or 5 years maximum imprisonment.

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​Call now to discuss your legal rights and options through our free initial phone consultation.

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