Intervention orders in Victoria: what they are and how they work

Victoria has two kinds of intervention order. A family violence intervention order is made under the Family Violence Protection Act 2008 and protects a person from a family member, which includes partners and former partners, relatives, and people in family-like relationships. A personal safety intervention order is made under the Personal Safety Intervention Orders Act 2010 and covers people who are not family, such as neighbours, colleagues or acquaintances.

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Both are civil orders made in the Magistrates' Court. The order itself is not a criminal conviction and does not give the respondent a criminal record. Breaching one is a criminal offence, and that is where the serious consequences begin.

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If you need protection

The court can make an interim order quickly, sometimes on the day you apply and without the other person present, where there is a need for immediate protection. A final order is made later, either by consent or after a contested hearing.

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Conditions are tailored to the situation. They can prohibit any contact at all, or allow limited contact for specific purposes such as arrangements for children. Children can be included as protected persons on the order. Getting the conditions right at the start matters more than most people realise, because conditions that are too broad can be hard to comply with and conditions that are too narrow leave gaps.

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If an order has been made or sought against you

Being served with an application is frightening and the consequences are real. An intervention order can exclude you from your own home, restrict contact with your children, affect firearms licences, and in some occupations affect professional registration or employment. Do not simply agree to whatever is proposed because you want the process over.

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You generally have four options. You can consent to a final order without admitting the allegations, which resolves the matter without any findings being made against you. You can offer an undertaking, a written promise to the court, which is not an order and is available in some cases. You can negotiate the conditions so the order protects the other person without unnecessarily disrupting your life. Or you can contest the application at a hearing.

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Which is right depends on the evidence, on what is at stake for you, and on what else is happening, particularly if there are parenting proceedings on foot. That is a decision to make with advice, not on the courthouse steps.

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Intervention orders and your children

An intervention order and a parenting order can conflict. Victorian courts have the power under the Family Law Act to revive, vary, discharge or suspend a parenting order when making an intervention order, so that the two do not contradict each other.

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This is one of the most commonly mishandled areas in family law. An order made in the Magistrates' Court on a Tuesday can undo arrangements that took months to negotiate in the federal courts. If you have parenting orders, or you are in parenting proceedings, tell your lawyer before the intervention order matter is dealt with, not afterwards.

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Breaches

Contravening an intervention order is a criminal offence and is prosecuted in the Magistrates' Court. Penalties include fines and imprisonment, and persistent breaches carry higher maximums.

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A breach can be as simple as a text message where the order says no contact, and it does not matter that the protected person initiated the contact or agreed to it. Only the court can change an order. If your circumstances have changed, apply to vary the order rather than working around it.

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Frequently asked questions

Do I need a lawyer for an intervention order?

You are not required to have one, but the consequences of getting it wrong are significant on both sides. For an applicant, poorly drafted conditions can leave you unprotected. For a respondent, an order can affect where you live, contact with your children, firearms licences and in some cases your employment. Most people benefit from advice before the first mention date.

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Does an intervention order give me a criminal record?

No. An intervention order is a civil order, not a criminal conviction, and it does not create a criminal record. Breaching an intervention order is a criminal offence, and a conviction for a breach does appear on your record.

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Can I consent without admitting the allegations?

Yes. Consenting to a final order without admissions is common. The order is made, but no findings are made about whether the allegations are true. It resolves the matter without a contested hearing, though it still has real consequences, so get advice about whether it is the right course in your case.

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What happens at the first mention date?

The first date is usually not the final hearing. The court will check whether the matter can resolve by consent or undertaking, deal with any interim order, and if the matter is contested, set it down for a later hearing with directions about evidence. Interim orders often stay in place until the contested hearing.

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How long does an intervention order last?

The court decides the duration based on the circumstances. Twelve months is common for a final order, but orders can be made for longer, and either party can apply to vary or revoke an order if circumstances change.

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Will an intervention order stop me seeing my children?

Not necessarily. Conditions are often drafted to allow contact with children in accordance with a parenting order or by agreement, or through a third party. However, if the other parent is opposed to a parent subject to an intervention order seeing the children, the only recourse is the family law courts. An intervention order can suspend or vary an existing parenting order, so this needs to be dealt with deliberately at the time the intervention order is made.

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What if the protected person contacts me?

The order binds you, not them. If the order says no contact, responding to their message is still a breach, and their consent is not a defence. If you both want the order changed, it has to be changed by the court. Either person can make an application, however, you may benefit from legal advice before making the application.

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Talk to a Victorian intervention order lawyer

We act for applicants and respondents in family violence and personal safety intervention order matters across Victoria. Book a free 30-minute phone assessment, call 1800 976 214, or see us in the Melbourne CBD, on St Kilda Road, in Dandenong or in Pakenham.