What Is a Family Violence Intervention Order? A Guide for Respondents and Protected Persons
Family violence is a serious issue that affects many families across Victoria. Whether you are seeking protection from violence or have been served with an order against you, understanding the legal process surrounding Family Violence Intervention Orders (IVO) is crucial.
At Craigieburn Lawyers, we assist both applicants (protected persons) and respondents with clear, strategic advice tailored to their unique circumstances. In this blog, we explain what a family violence intervention order is, the legal framework behind it, and the rights and responsibilities of each party involved.
What Is a Family Violence Intervention Order?
A Family Violence Intervention Order (IVO) is a court order made under the Family Violence Protection Act 2008 (Vic). It is designed to protect a person (or persons) from future family violence by placing legally enforceable restrictions on the behaviour of another person, known as the respondent.
The primary purpose of an IVO is to ensure the safety and wellbeing of individuals who are experiencing or at risk of family violence, including physical, emotional, financial, sexual, or psychological abuse.
Who Can Apply for an Intervention Order?
An application for an IVO can be made by:
The affected family member (AFM), also referred to as the protected person;
A police officer, often following a report of violence or a domestic incident;
A parent or guardian on behalf of a child;
In some cases, a legal guardian, carer, or another concerned adult.
Applications are usually made in the Magistrates’ Court of Victoria, although police can also issue a temporary Family Violence Safety Notice that provides immediate short-term protection until the matter is heard in court.
What Constitutes Family Violence?
Under section 5 of the Family Violence Protection Act 2008 (Vic), family violence includes:
Physical abuse or threats of harm;
Emotional or psychological abuse (including gaslighting, manipulation, or humiliation);
Financial abuse (such as controlling money or withholding access to funds);
Coercive or controlling behaviour;
Damaging or threatening to damage property;
Causing a child to hear, witness, or be exposed to family violence.
Importantly, the law recognises that violence is not limited to physical acts, it can include patterns of behaviour that cause fear or intimidation over time.
What Conditions Can Be Included in an IVO?
An IVO can include a range of conditions, such as:
Prohibiting the respondent from committing family violence;
Preventing the respondent from contacting or approaching the protected person;
Stopping the respondent from attending the protected person’s home, workplace, or school;
Requiring the respondent to move out of a shared residence;
Prohibiting the respondent from possessing firearms or weapons.
The conditions of each order are tailored to the specific risks and circumstances of the case.
Types of Intervention Orders
There are two main types of IVOs:
1. Interim Intervention Orders
An interim order is temporary and usually made when there is an urgent need for protection before a final hearing takes place. It remains in force until the matter is finalised or varied by the court.
2. Final Intervention Orders
A final order is made after a contested hearing or when the respondent consents to the order (with or without admitting to the allegations). Final orders typically last 12 months but can be extended.
Rights and Responsibilities of the Protected Person
If you are the protected person:
You have the right to feel safe and to seek legal protection.
You can report any breach of the order to the police. Breaching an IVO is a criminal offence.
You may be asked to give evidence in court if the matter proceeds to a contested hearing.
You can seek variations to the order if your circumstances change (e.g., if co-parenting becomes possible).
You should retain a copy of the order at all times and inform your children’s school or other relevant authorities where appropriate.
Our family violence lawyers at Craigieburn Lawyers can guide you through the court process and advocate for the protections you need.
Rights and Responsibilities of the Respondent
If you are the respondent:
You are not guilty of a criminal offence simply by having an IVO made against you. However, breaching any of the conditions may result in criminal charges.
You have the right to oppose the order and have the matter determined at a contested hearing.
You may choose to consent to the order without admissions, meaning you do not accept the allegations but agree to the conditions to avoid a contested hearing.
You must comply with all conditions of the IVO while it is in force, even if the protected person initiates contact.
IVO conditions can have serious implications, especially for:
Parenting arrangements (e.g., access to children),
Living situations (e.g., exclusion from the family home),
Firearm licences and employment, particularly in security, law enforcement, or healthcare.
Our lawyers at Craigieburn Lawyers can help you understand your rights, prepare your defence, and explore realistic outcomes.
What Happens in Court?
After an application is filed:
Mention Hearing
The first court date is a mention. The respondent is served with the application and must attend. If they do not attend, the order may be made in their absence.Interim Orders (if necessary)
If there are urgent safety concerns, the court may grant an interim IVO.Contested Hearing (if no agreement is reached)
If the respondent opposes the order, the matter is adjourned for a contested hearing, where evidence and witnesses are presented. The magistrate then decides whether a final order should be made.Final Order or Dismissal
If the court finds that family violence has occurred and is likely to continue, it will make a final IVO. If not, the application may be dismissed.
Can an IVO Be Varied or Revoked?
Yes. Either party can apply to vary, extend, or revoke an IVO if circumstances change. For example, co-parenting arrangements may evolve, or the protected person may no longer feel at risk.
However, it is important to seek legal advice before making any application to vary or cancel an order, particularly where children are involved or the court imposed the order as part of broader proceedings.
Get Help from Craigieburn Lawyers
Whether you are seeking protection or defending an application, legal advice is essential. At Craigieburn Lawyers, we offer practical, confidential advice for clients facing family violence intervention orders.
We assist clients with:
Making or responding to IVO applications;
Negotiating undertakings or consent orders;
Preparing for contested hearings;
Managing related parenting or property disputes;
Minimising the impact of IVOs on your family, work, and reputation.
We understand the stress and complexity these matters bring and are here to help you take control of your situation.
Conclusion
A Family Violence Intervention Order is a powerful legal tool designed to protect individuals from harm but it also comes with serious legal consequences for the respondent. Whether you are applying for protection or defending yourself against allegations, early legal advice is key.
At Craigieburn Lawyers, we represent both protected persons and respondents with clarity, compassion, and strong advocacy. Contact our office to book an initial consultation and get the support you need today.