If you are in immediate danger or fear for your safety, you should immediately contact emergency services by calling 000.
If you are concerned about your safety because of violent or harmful behaviour by another person, you are entitled to apply to the Court for an Intervention Order (either, a Personal Safety Intervention Order or Family Violence Intervention Order). Our expert intervention order lawyers specialise in securing legal protection for yourself and your family.
This information is intended as a general guide only. If you are concerned about your immediate safety, or that of your family, you should contact the police and seek legal advice as soon as possible.
Click here to get in touch with our expert intervention order lawyers, who can assist you whether you are the Applicant or Respondent in an Intervention Order matter.
What is an Intervention Order?
An Intervention Order (‘IVO’) is a court order issued by a Magistrate against any person who poses a risk of harm to you. In other states, an Intervention Order is sometimes called a ‘restraining order’ or an ‘Apprehended Violence Order (AVO)’.
An Intervention Order creates strict rules about how a person may or not interact with you, and prohibits certain types of harmful communication or contact. If a Respondent to an Intervention Order breaches those conditions, they may face criminal prosecution and be faced with serious consequences for their behaviour.
An Intervention Order is specific to the type of risk you are facing. It can prevent a person from harassing, threatening, or intimidating you, or damaging your property. In some cases, it can stop them from coming into any contact with you at all.
There are two types of Intervention Orders in in Victoria:
- A Family Violence Intervention Order (which is appropriate in circumstances where the Applicant and Respondent are or have been in a familial relationship); and
- A Personal Safety Intervention Order (which is appropriate in circumstances where the Applicant and Respondent are not nor have ever been in a familial relationship).
Our team of expert intervention order lawyers can provide you with advice as to which method of protection is most appropriate in your situation, or if you are the Respondent, they can provide you with expert advice as to your prospects of successfully defending the application.
Who can apply for an Intervention Order?
You do not have to have experienced physical violence to be granted an Intervention Order.
You can apply for an order if you have experienced any of the below treatment, and are worried that it might happen again in the future:
Family Violence Intervention Order
- Physical or sexual abuse
- Emotional or psychological abuse (for example: derogatory taunts, racial taunts, threatening to disclose a person’s sexual orientation, withholding a person’s medication, preventing a family member from seeing their friends or family, threatening suicide or self harm)
- Economic abuse (for example: coercing a person to relinquish control over assets and income, removing or keeping a family member’s property without permission, preventing a person from seeking or keeping employment)
- Behaviour which is threatening or coercive
- Behaviour which in any way controls or dominates a family member and causes that family member to feel fear for their safety or wellbeing or that of another person
Personal Safety Intervention Order
- Assault
- Sexual assault
- Harassment
- Property damage or interference
- Serious threats
- Stalking
If you believe that your situation falls into any of the categories above or any other type of family violence or prohibited behaviour, you should consult a criminal lawyer as soon as possible to advise you on the next steps.
At times, Victoria Police can bring an application on your behalf, or if you are a Respondent, you may have been served with an Intervention Order by Victoria Police. In either situation, it is important to speak with an expert intervention order lawyer as soon as possible, so that you can receive advice tailored to your unique situation.
Personal Safety Intervention Order (PSIO)
If you are in immediate danger or fear for your safety, you should immediately contact emergency services by calling 000.
What is a Personal Safety Intervention Order?
A Personal Safety Intervention Order (‘PSIO’) is a court order made by a Magistrate to protect you, your children, or your property from harm by someone who is not a family member. The threat does not have to be physical - other types of prohibited behaviour can be included too.
If the court is satisfied that (a) the prohibited behaviour has occurred and (b) there is an ongoing risk of the prohibited behaviour continuing, they may make an order. This will create a legal restriction over how the relevant person can interact with you - for example, it may prevent them from contacting you or coming near your property.
Who can apply for a PSIO?
You can apply for a Personal Safety Intervention Order if you have been subject to any behaviour which causes you to fear for the safety of yourself or your family. This can include harassment, assault, emotional abuse, damage to your property or pets, or any threat to do any of the above.
At times, Victoria Police can bring an application on your behalf, or if you are a Respondent, you may have been served with a Personal Safety Intervention Order by Victoria Police. In either situation, it is important to speak with an expert intervention order lawyer as soon as possible, so that you can receive advice tailored to your unique situation.
Please contact our team to receive advice specific to your circumstances.
Who can a PSIO be issued against?
A Personal Safety Intervention Order can only be issued against a person who is not a member of your family - for example, a neighbour, employee, employer, friend, tenant, or landlord.
If the threat is from a family member (including a partner or ex-partner) you will need to apply for a Family Violence Intervention Order (‘FVIVO’) instead. Click here to read and learn more about Family Violence Intervention Orders.
How does it work?
An application can be made directly to the Magistrates’ Court of Victoria, the process for which can be assisted by the involvement of a lawyer.
It is recommended that you seek the assistance of an experienced Intervention Order lawyer to guide you through the Court process, which can be complex. It involves:
- Preparing and filing an application for a Personal Safety Intervention Order.
- Appearing at Court, and seeking an interim order if necessary (note, this process can involve the Applicant being required to give evidence before the Court).
- Preparing the matter for directions hearing and contested hearing, if the application is opposed.
- Appearing at contested hearing, giving evidence, cross-examining witnesses and making submissions to the Court as to the basis of the application and the necessity for an order.
Given the complexity of these proceedings, it is recommended that you contact an expert intervention order lawyer.
Click here to make an appointment with one of our team.
What happens if the other person ignores the PSIO?
A Personal Safety Intervention Order is a binding court order, and the person it is served upon must comply with the conditions of the order. If they ignore it (for example, by calling you on the phone when the order prohibits any contact) then the consequences are serious, and they may face criminal prosecution.
If there is a breach of an order, you should immediately report the breach to the police, and discuss with your lawyer.
For more advice about Personal Safety Intervention Orders, click here to get in touch with our specialist team.
Family Violence Intervention Order (FVIVO)
If you are in immediate danger or fear for your safety, you should immediately contact emergency services by calling 000.
What is a Family Violence Order?
A Family Violence Order (‘FVIVO’) is a court order made by a Magistrate to protect you, your children, or your property from physical or mental harm by a family member.
If the court is satisfied that there (a) has been family violence committed by the Respondent and (b) there is an ongoing risk of family violence continuing, the Court will grant an FVIO.
This will create a legal restriction over how the family member can or cannot interact with you - for example, it may prevent them from contacting you completely, or from coming near your property.
Who can apply for a FVIO?
You can apply for a Family Violence Intervention Order if you have been subject to any behaviour which causes you to fear for the safety of yourself or your family. This can include harassment, assault, emotional abuse, damage to your property or pets, or any threat to do any of the above.
At times, Victoria Police can bring an application on your behalf, or if you are a Respondent, you may have been served with an Intervention Order by Victoria Police. In either situation, it is important to speak with an expert intervention order lawyer as soon as possible, so that you can receive advice tailored to your unique situation.
Please contact our team to receive advice specific to your circumstances.
Who can a FVIO be issued against?
A Family Violence Intervention Order can only be issued against a person who is a member of your ‘family’ - for example, a spouse, domestic, or de facto partner, ex-partner, parent, or sibling.
A ‘family member’ can also include anyone who is not a blood relative, but with whom you have a close personal relationship - for example, a carer, guardian, or family members of an intimate partner.
If the threat is not from anyone who could be considered a family member, you will need to apply for a Personal Safety Intervention Order (PSIO) instead. Click here to read and understand more about Personal Safety Intervention Orders.
How does it work?
An application can be made directly to the Magistrates’ Court of Victoria, the process for which can be assisted by the involvement of an intervention order lawyer.
It is recommended that you seek the assistance of an experienced Intervention Order lawyer to guide you through the Court process, which can be complex. It involves:
- Preparing and filing an application for a Family Violence Intervention Order.
- Appearing at Court, and seeking an interim order if necessary (note, this process can involve the Applicant being required to give evidence before the Court).
- Preparing the matter for directions hearing and contested hearing, if the application is opposed.
- Appearing at contested hearing, giving evidence, cross-examining witnesses and making submissions to the Court as to the basis of the application and the necessity for an order.
Given the possible complexity, it is recommended that you contact an expert intervention order lawyer.
Click here to make an appointment with one of our team.
What happens if the family member ignores the FVIO?
An FVIO is a binding court order, and the Respondent must comply with what it says. If they ignore it (for example, by contacting you or visiting your property when the order prohibits it) then the consequences are serious.
If this happens, you should immediately report the breach to the police.
For more advice about Family Violence Intervention Orders, click here to get in touch with our specialist team.
Personal Safety Intervention Order (PSIO)
I’ve been served with an Intervention Order - what next?
If you are served with an Intervention Order by police, the next steps you take are critical - and will determine the future direction of the case. As such, we recommend that you speak with an expert Intervention Order lawyer as soon as possible.
The direction you choose to take with your case - whether you consent to the order, or oppose it - will depend on a number of factors. It is important to note however that if you are alleged to have breached either an interim or final Intervention Order, you will likely be charged with a criminal offence.
After receiving advice from one of our expert lawyers, you may decide to contest the application - which will mean that your case will be required to proceed through a number of hearings, prior to reaching the contested hearing stage.
If after receiving advice you decide you are willing to consent to an order, on a without-admissions basis, you may require the assistance of a lawyer to then negotiate with Victoria Police lawyers or the other party the appropriate conditions required. Consenting to an order does not necessarily mean that the other side will agree with the conditions that you think are appropriate. Although Intervention Orders are civil applications - having an order in place may have serious consequences for criminal liability for the Respondent party, and it is therefore important to receive advice prior to making this decision.
Click here to make an appointment with one of our team.
Speak with a Intervention Order lawyer.
Our expert intervention order lawyers specialise in securing legal protection for yourself and your family.
Sarah Condon.
Principal Lawyer.
