Do I need a Family Violence Intervention Order? What you need to know as an Applicant or Affected Family Member

If you have immediate concerns for your welfare and safety, or that of someone you know, please contact Victoria Police on 000 (for emergencies) or 131 444 (for all other enquiries).

A Family Violence Intervention Order (often referred to as an IVO or Intervention Order) is a court order to protect one person from another by placing obligations on this other person to not do any number of things. It is governed by the Family Violence Protection Act 2008 (Vic) (FVPA Act).

More general information about IVO’s can be found here.

Can I apply for Intervention Order?

You can apply for an Intervention order if you are an Affected Family Member and or the legal guardian of an Affected Family Member (such as a child under the age of 18).

An Affected Family Member is a family member who has been subjected to family violence.

A family member means a spouse, intimate or domestic partner, a relative, or a child (biological or a stepchild).

Family violence includes physical or sexual abuse; emotional or psychological abuse; economic or financial abuse; threats; coercion; or any other way a person may control or dominate a family member that causes them to feel fear for the safety or wellbeing for themselves or another person. A child is an Affected Family Member if they are subjected to these things or are otherwise exposed to them (such as hearing them or cleaning up after an incident).

The definition of family violence is purposively broad to capture categories of behaviour or conduct that might present slightly differently in each family or relationship.

How do I apply for an Intervention Order?

Intervention Orders can be applied for online using this link or in person at your local Magistrates’ Court of Victoria.

Whether online or in person, the application requires you to set out the grounds you say support the making of an order. This is where you would detail the incidents of family violence perpetrated against you and/or a child if you are applying on their behalf.

You will need to select what restrictive conditions you want the Intervention Order to include. These vary from simply prohibiting the other party from committing family violence to full exclusion orders – where someone cannot come within a set distance of you, your residence or place of work. Exemptions can be included to allow existing Family Law Orders or written parenting arrangements to continue.

If you are considering applying for an Intervention Order then we would encourage you to seek legal advice first. Legal advice is important to help you correctly set out the grounds supporting your application, and to make sure you are seeking conditions appropriate to your circumstances.

Victoria Police have applied for an Intervention Order on my behalf – what do I do now?

Victoria Police can apply on behalf of an Affected Family Member by application or by issuing a Family Violence Safety Notice.

If they apply by an ordinary application, they will discuss what grounds there are and what conditions you think are appropriate.

If Victoria Police have issued a Family Violence Safety Notice then this acts as an application and an immediate interim Intervention Order. This notice is typically issued when Victoria Police are called and they reasonably believe an order is necessary for the Affected Family Member(s)’ immediate protection.

Once a Notice is issued the matter must be listed for a hearing at court within five (5) business days.

In either event, Victoria Police are the Applicant which means they the run the matter on behalf of the Affected Family Member(s). They cannot consent to any order without first obtaining the Affected Family Member(s) approval. However, Victoria Police may opt to withdraw at the first court event or any subsequent court event. If Victoria Police withdraw then Affected Family Member(s) will have the option to become the Applicant (stepping in the Police’s shoes).

If an incident has occurred and Victoria Police have issued a Family Violence Safety Notice, we suggest you obtain legal advice as a matter of urgency. It is important that you understand what options are available to you as the Affected Family Member because an Intervention Order may have broader implications for parenting or property matters under the Family Law Act 1975 (Cth).

How we can help

Our Family & Relationship Law Team at Coulter Legal are experienced in providing advice with respect to Family Violence Intervention Orders. Please do not hesitate to contact our office on 03 5273 5273 to arrange an initial consultation, free of charge, to discuss your personal circumstances and how we may assist you.

To read more about how an Intervention Order impacts your Family & Relationship Law matter, click here.

To find out more about what happens if you have been served with a Family Violence Intervention Order, click here.