Family Violence & Intervention Orders

The Family Violence Protection Act 2008 defines family violence as behaviour by a person towards a family member that is physically or sexually abusive, economically abusive, threatening, coercive or in any other way controls or dominates a family member and causes that family member to feel fear for safety or wellbeing of that family member or another person.

Family violence also includes behaviour that causes a child to hear or witness or otherwise be exposed to family violence.

An Intervention Order, also known as an IVO, is a Court Order that prohibits one party from engaging in certain actions and behaviours towards another person or group of people.

Outside of Victoria, Intervention Orders are known as Apprehended Violence Orders (AVO), and are sometimes referred to as ‘Restraining Orders’.

Intervention Orders are Civil Court Orders that can be made between spouses, de facto partners, family members, or even unrelated people.

Intervention Orders typically provide that one person (known as the Respondent) not commit family violence against the other person or persons (known as the ‘Protected Peron/s’).

Intervention Orders can also provide that the Respondent not attempt to locate or approach the Protected Person or keep them under surveillance and not go to or remain with a certain distance from their home, work or school.

Intervention Orders can also provide that the Respondent not contact or communicate with the Protected Person, damage their property or publish things on the internet about them.

If the Respondent breaches an Intervention Order, then this can be deemed a criminal offence, and police may become involved.

You can attend the counter of any local Magistrates Court and make an application for an Intervention Order.

You will need to show that there have been incidents of family violence and that an Order is required to ensure your protection.

If your matter is deemed urgent enough, a Magistrate may meet with you on the same day you file your application and make an Intervention Order on the spot (known as an ‘Interim Intervention Order’).  The Respondent would then be notified, and further Court hearings would occur to determine whether a more long-term Intervention Order should be granted (known as a ‘Final Order’).

Police may also seek an Intervention Order on your behalf if they are required to be involved in an incident of family violence and have concerns for your safety.

Family Lawyers can assist you to make an application for an Intervention Order with the Court.

Family lawyers can also represent you at the subsequent Court hearings where the Court seeks to determine whether a Final Intervention Order should be granted.  Your lawyer will do most of the talking in Court, so you don’t have to.  This is particularly important if the Respondent contests the making of an Intervention Order, and later Court hearings are required.

If you are the Respondent in an Intervention Order, your lawyer can assist you to negotiate a resolution to the matter, or assist to defend you at a contested hearing.

It is best to involve a family lawyer in your Intervention Order matter as soon as possible.

The lawyer can give you advice as to whether you have grounds for an Intervention Order and help you to prepare your application.

Whilst some Courts may offer a free ‘duty lawyer’ service for the first Court hearing, some Courts do not offer this service and it may therefore be preferrable to engage a private family lawyer to represent you.

If the matter does not resolve at the first Court hearing, then it will likely be necessary to ensure that you have a family lawyer represent you at the subsequent Court hearings.