Guide
Options once an Intervention Order has been made
Options for clients who have or may have an intervention order made against them.
Applying for an Intervention Order
If your client is experiencing violence, they can apply for an intervention order (IVO). The police may also apply for an IVO to protect someone where they consider it necessary.
There are two types of IVOs defending on the relationship with the person committing violence: personal safety intervention orders (PSIVO) and family violence intervention orders (FVIVO). We discuss these in more detail below.
An IVO aims to protect your client by outlining conditions that the person perpetrating the violence must follow. It is a crime for the perpetrator to break the conditions of an IVO which means the person can be charged by the police with a criminal offence.
Definitions
Intervention order (IVO): an interim or final order made by the Magistrates’ Court in relation to personal safety or family violence against a person.
Applicant/Protected Person/Affected Family Member: the person the IVO seeks to protect.
Respondent: a person against whom an application for a family violence intervention order has been made, or a personal safety intervention order has been made, or a family violence safety notice has been issued.
Family Member: defined broadly and includes a person who, at any time, is related to the Relevant Person by marriage, domestic or intimate relationship, or by blood, including children, spouses and relatives.
Safety Notice: a form containing:
- The names of the respondent and the Protected Person;
- The time and date the notice was issued;
- The time, date and location for court;
- Period for when the notice applies;
- Reasons for issuing the notice;
- Conditions of the notice;
- Address of the respondent
- How can your client apply for an IVO?
- What happens after an IVO application has been filed?
- Does your client have to attend court?
How can your client apply for an IVO?
There are two types of IVO:
- Personal Safety Intervention Order (PSIVO): A person may apply for a PSIVO if they have been assaulted, harassed, threatened, stalked or had property damaged.
- Family Violence Intervention Order (FVIVO): A person may apply for a FVIVO if they have been assaulted, harassed, threatened, stalked or had property damaged by a family member, partner or ex-partner.
Your client can apply for an IVO at any Magistrates’ Court in Victoria if they are over the age of 18 years. Your client’s children can be included in the application.
The police can also apply for an IVO without your client’s consent.
An application for an IVO must be filed with the registrar at a Magistrates’ Court either in person or online. There is no fee to do this.
Apply for a Family Violence IVO
Apply for a Personal Safety IVO
There are also specialist courts and services that provide support in family violence matters.
What happens after an IVO application has been filed?
Usually, the Magistrates’ Court issues a document called a summons. A summons sets out the details of the IVO application including when the matter will go to court. A summons is served personally by the police on the respondent (the person the IVO is against).
However, in some serious circumstances, a court can issue a warrant for the arrest of a respondent where they are satisfied that the person’s personal safety or property would be seriously threatened.
Does your client have to attend court?
When your client has applied for an IVO, they are not required to attend court in person. Instead, your client can attend court online either via Webex or telephone.
If an IVO application has been made against your client, they must attend court in person. An IVO can be made against someone without being present at court. A final IVO can be made in these circumstances if the person cannot be located or chooses not to attend once served.
At the first court hearing, a Magistrate will decide either to:
- Make an interim (temporary) IVO,
- Make a final IVO in limited circumstances, or
- Dismiss the IVO application.
When deciding to make an IVO, the court will consider if the respondent has committed violence, or actions that may make a person fear for their safety, against the applicant and whether they are likely to repeat the behaviour again.
Practical tips to assist your client to apply for an IVO
- Call the Magistrates’ Court or, if appropriate, police before applying for an IVO. They can often offer practical guidance about the application process.
- Supporting your client during the process to make the application, consider and manage their safety needs, and attend hearings.
- Collating any evidence to support your client’s application (e.g. abusive text messages, photographs).
- Helping your client create a timeline of events and documents.
- Facilitating referrals to support services.
- Requesting copies of your client’s application and any court documents.
Who can help your client?
Legal services
It is important that your client obtains legal advice (especially when the police are not involved). Refer your client to one of the following services for free legal advice or representation:
Victoria Legal Aid: VLA have a duty lawyer service for IVO hearings on the day at most courts. The VLA website contains helpful information about IVOs.
Women’s Legal Service Victoria: Women’s Legal Service offers secondary consultations for community workers, and may provide advice and representation depending on the issue.
Community Legal Centre (CLC): Your client’s local CLC might be able to provide some advice or representation for IVOs and related issues. Find your client’s local CLC.
Magistrates’ Court of Victoria: The Magistrates’ Court website contains helpful information about IVOs. There are also family violence supports available at the Magistrates’ Court.
Family violence support services
Before making an application for an IVO, your client should consider their safety and the safety of their children. Speak to one of the following support services if your client’s safety is at risk and you are unsure if an IVO is the right option at this point in time.
- The Orange Door
- Safe Steps
- Family Violence Restorative Justice Service (FVRJ)
- Relationships Australia
- Court Network
- Domestic Violence Resource Centre
- Kids Helpline
- Headspace
- Women’s Information and Referral Exchange (WIRE)
- Free Mail Redirection from Australia Post
- Mensline Australia
- Centres Against Sexual Assault (CASA)
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
