Intervention Orders and Family Violence – What does it all actually mean?

Family Law: 28 November 2023

Author: Susan Ilias - Our People

An Intervention Order (IVO) is a civil Order made by the Magistrates Court for the protection of a person. An IVO can help protect you and your family from anyone who is violent or makes you feel unsafe.

What is an Intervention Order?

An Intervention Order is a civil Order made by the Magistrates Court for the protection of a person. There are two Acts that cover Intervention Orders:

1. The Family Violence Protection Act 2008 – covers family members and people in a relationship; and
2. The Personal Safety Intervention Orders Act 2010 – covers people not in a relationship eg. Neighbours, work colleagues

How do Intervention Orders work?

Intervention Orders are civil Orders that are made for a persons protection. An Applicant will be referred to as the Affected Family member (AFM) or the Protected Person (PP). The IVO will prohibit someone (who will be referred to as the Respondent) from engaging in behaviour that is abusive, threatening, stalking, coercive, damaging property, publishing details on the internet, following or approaching, contacting or communicating.

How can I apply for an Intervention Order?

To apply for an Intervention Order you can go onto the Magistrates Court Website at https://www.mcv.vic.gov.au/ or alternatively, contact our office and we can assist.

You are required to provide details of the most recent incidents that have caused you fear and details of previous incidents. For an Intervention Order to be granted the Magistrate must be satisfied, on the balance of probabilities, that the Respondent has engaged in prohibited behaviour in the past and is likely to do so again. If you are at immediate risk when you make the application for an Intervention Order, you may be granted and Interim Intervention Order for your protection. It is now legislated that all children of an affected family member are included on an IVO even at an interim stage.

How do I defend an Intervention Order?

If you have had an Application for an Intervention Order served on you, will be known as the Respondent. Whether the application for the Intervention order is made pursuant to The Family Violence Protection Act 2008 or The Personal Safety Intervention Orders Act 2010 there are three options available to you. They are as follows:

1. You can offer the Affected Family Member/Protected Person an Undertaking. An Undertaking is a promise to the Court that you will not engage in any of the prohibited behaviour. If the Affected Family Member/Protected Person accepts the Undertaking the application for the Intervention Order will be withdrawn. You can do this without admitting to the allegations contained the application for the Intervention Order. This is not an Order of the Court and a breach is not a criminal offence.
2. If the Affected Family Member/Protected Person does not accept an Undertaking, you can consent to an Intervention Order being made against you without admitting to the allegations contained in the application for the Intervention Order. This will then be an Order of the Court however, you do not have a criminal record. If you breach an Intervention Order, you can be charged by the police with a criminal offence. An intervention Order is a civil order but any breach of the Intervention Order is considered a criminal offence and can result in a criminal conviction and even jail time.
3. If you do not want to offer an Undertaking or consent to an Intervention Order being made against you, you can contest the application. This will require the matter to be the listed for a contested hearing where all parties and any witnesses will be required to give evidence in the witness box. The Magistrate will make a decision, on the balance of probabilities, whether an Intervention Order is required to be made against you.

At Aitken Partners we have experience dealing with all family violence matters and are here to assist you at any stage of your matter. We often see our clients can sometimes put their heads in the sand about these issues until they get out of control.

Our best advice is to speak to someone as quickly as possible so they can offer you pragmatic advice to make sure your best interests are taken care of. So if you have a matter which we can assist on, please do not hesitate to contact us on 8600 6000.