I’ve Been Charged with an IVO – What Now?
Being served with an Intervention Order (IVO) or charged with breaching one is not just confronting—it can be life-altering. You may suddenly find yourself removed from your home, cut off from your children, and facing a court process you do not fully understand. At Craigieburn Lawyers, we know how stressful and confusing this can be. That is why it is critical to get expert legal advice early.
This blog outlines what to expect if you are served with an IVO or charged with a breach, the legal process that follows, and how Craigieburn Lawyers can help you protect your rights and navigate the system with clarity and confidence.
What Is an IVO?
An Intervention Order is a court order designed to protect someone who fears for their safety. There are two main types in Victoria:
Family Violence Intervention Order – typically involving family members, ex-partners, or people in domestic relationships.
Personal Safety Intervention Order – involving neighbours, acquaintances, work colleagues, or others outside a family context.
An IVO can include a wide range of conditions, such as prohibiting contact, excluding you from your own home, or barring you from attending your child’s school. Although an IVO is a civil order (not a criminal charge), breaching an IVO is a criminal offence and can result in a criminal record, fines, or even imprisonment.
At Craigieburn Lawyers, we regularly assist clients who are facing both the application for an IVO and charges related to a breach of an existing order.
I’ve Been Served with an IVO – What Does This Mean?
Being served with an IVO does not mean you are guilty of anything. It simply means that someone has made allegations and is seeking protection through the court. You have the right to defend yourself, and you should not assume that the order will be automatically granted.
You will typically receive a document from the Magistrates’ Court that includes:
A court date (first mention)
A copy of the application
Interim conditions, if any
Interim Orders
Often, the court will issue interim orders that take immediate effect before a final decision is made. This means the restrictions apply as soon as you are served, even if you believe the allegations are false. If you breach these interim conditions, you can be charged with a criminal offence—regardless of whether the IVO is ultimately granted.
That is why it is so important to get legal advice immediately. At Craigieburn Lawyers, we explain the legal implications of the order, the conditions you must follow, and how to respond effectively in court.
Your First Court Date – The Mention Hearing
The first court appearance is called a mention hearing. It is not a trial but a procedural step where you will be asked how you wish to respond to the application. At this stage, you can:
Consent to the IVO without admissions
Dispute the IVO and set the matter down for a contested hearing
Seek an undertaking (in some rare cases)
Negotiate variations to the proposed order
This is a crucial step. What you decide here can have long-term consequences. If you consent without legal advice, you might find yourself bound by conditions that affect your parenting rights, housing, or even employment.
At Craigieburn Lawyers, we attend the Magistrate’s Courts and other courts regularly. We work with you to prepare your response, appear on your behalf, and negotiate with the other Police.
I’ve Been Charged with Breaching an IVO – What Now?
If you are charged with breaching an IVO, you are now facing criminal charges. Even a minor or accidental breach—such as replying to a message from the protected person—can lead to a police charge.
Penalties for Breaching an IVO
Breaching an IVO is a criminal offence under section 123 of the Family Violence Protection Act 2008. If convicted, you may face:
A criminal record
Fines
Community Corrections Orders
Imprisonment (up to 2 years for a basic breach, or up to 5 years if there are aggravating circumstances)
Whether it was a misunderstanding or a deliberate breach, it is essential to have a lawyer represent you. At Craigieburn Lawyers, we explore all possible defences, such as:
Lack of intent
Lack of knowledge of the order
The contact was initiated by the protected person
No actual breach occurred
We will ensure that your side of the story is heard and push for the best possible outcome.
Why Legal Advice Is Critical
Dealing with an IVO is not just about “telling your side.” The legal system is complex, and missteps can have serious consequences. Without legal representation:
You may inadvertently admit to allegations you could defend
You could agree to conditions that restrict your life unnecessarily
You risk breaching the order without realising it
You may miss opportunities to resolve the matter through negotiation
At Craigieburn Lawyers, we understand that no two cases are the same. We take the time to understand your unique circumstances, explain your options in plain English, and represent you with professionalism and care.
Many of our clients come to us feeling overwhelmed and unsure of what to do next. After their first consultation, they leave with clarity, confidence, and a clear strategy to move forward.
What Craigieburn Lawyers Will Do for You
When you engage Craigieburn Lawyers, you can expect:
A thorough review of the IVO application and charges
Clear advice about your rights and obligations
Strategic guidance on how to respond at each stage
Representation at court, including mention and contested hearings
Negotiations with police or the applicant’s lawyer to resolve the matter where appropriate
Ongoing support throughout the process
We are local, experienced, and results-driven. Whether it is your first court matter or you are facing serious allegations, our team is here to stand by you every step of the way.
How to Protect Yourself Immediately
If you have been served with an IVO or charged with breaching one, follow these steps:
Read the order carefully – Understand exactly what you can and cannot do.
Do not contact the protected person – Even if they reach out to you, avoid communication.
Keep records – Document your movements, communication, and any relevant evidence.
Contact Craigieburn Lawyers – Book a consultation without delay.
Final Thoughts – You Are Not Alone
At Craigieburn Lawyers, we understand the stress and stigma associated with IVOs and criminal charges. But being charged is not the end of the story. With early and expert legal advice, many of these matters can be resolved fairly and without a lasting impact on your life.
We are here to guide you with professionalism, discretion, and a genuine commitment to achieving the best result possible. You do not have to navigate this alone.
Book a Consultation with Craigieburn Lawyers
If you have been served with an IVO or charged with breaching one, contact Craigieburn Lawyers today to book a confidential consultation.