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Responding to an Intervention Order application

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The below information will help your client to respond if someone has made an Intervention Order application against them. If an Intervention Order already exists, or if you are unsure if it already exists, see Options once an Intervention Order has been made.

See Applying for an Intervention Order if you’re looking for information for a client who has experienced family or personal violence.

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: 

  1. The names of the respondent and the Protected Person; 
  2. The time and date the notice was issued; 
  3. The time, date and location for court; 
  4. Period for when the notice applies; 
  5. Reasons for issuing the notice; 
  6. Conditions of the notice; 
  7. Address of the respondent 

What should my client do if someone applies for an Intervention Order against them?

Where someone has applied for an Intervention Order (IVO) protecting them from your client, through the court process your client is known as ‘the Respondent’. Where they are the Respondent to an application your client has several options about how they might deal with it. Your client should get legal advice before deciding how they deal with the application (see below for support options). 

  • The client can consent to the making of an IVO on the basis of the conditions proposed. Where a client consents to an intervention order it is important that they consent to the making of the order without admissions as to any allegations which led to the making of the order.    
  • The client can negotiate the proposed conditions of the order. It may be that amended conditions could be agreeable and the client can consent to an order on the basis of those conditions. Again that consent should be without admissions 
  • The client can contest the making of an order.  

At least 7 days before attending court you should support your client to complete the online form for Respondents on the Magistrates’ Court website. 

There is also helpful on the Magistrates’ Court website for respondents in Family violence IVO applications and Personal Safety IVO applications. 

  • How can a client defend an IVO?
    • Your client must go to court if they do not agree with an IVO. Your client can argue against the IVO itself or any of the conditions. 
    • Your client will need to go to court multiple times before a Magistrate decides their case. 
    • The first court date is called the first mention date. 
    • The second court date is called a further mention or directions hearing. 
    • The court date at which a magistrate hears evidence is called a final contested hearing.

    If your client has an interim (temporary) IVO against them, the conditions of that IVO will usually continue until the date of the final contested hearing. 

    It is important that your client gets legal advice before going to court. 

    If your client does not agree with the IVO, they will need to convince a Magistrate at the final contested hearing that: The claims made against them are false, or they are not a future risk to the person needing protection. It is important that your client organise any witnesses who can support their story at the final contested hearing. 

  • What happens if your client does not have a lawyer?

    Your client can represent themselves at court up to the final contested hearing. 

    A client is not allowed to cross-examine the applicant/affected family member at a contested hearing if they do not have a lawyer. 

    If your client cannot afford a lawyer, the Magistrate can make an order that Victoria Legal Aid assists them. 

  • What happens if your client does not attend court?

    If your client does not attend court, the hearing can go ahead without them if the court is satisfied they have been notified of the court date. 

How can a client defend an IVO?

  • Your client must go to court if they do not agree with an IVO. Your client can argue against the IVO itself or any of the conditions. 
  • Your client will need to go to court multiple times before a Magistrate decides their case. 
  • The first court date is called the first mention date. 
  • The second court date is called a further mention or directions hearing. 
  • The court date at which a magistrate hears evidence is called a final contested hearing.

If your client has an interim (temporary) IVO against them, the conditions of that IVO will usually continue until the date of the final contested hearing. 

It is important that your client gets legal advice before going to court. 

If your client does not agree with the IVO, they will need to convince a Magistrate at the final contested hearing that: The claims made against them are false, or they are not a future risk to the person needing protection. It is important that your client organise any witnesses who can support their story at the final contested hearing. 

What happens if your client does not have a lawyer?

Your client can represent themselves at court up to the final contested hearing. 

A client is not allowed to cross-examine the applicant/affected family member at a contested hearing if they do not have a lawyer. 

If your client cannot afford a lawyer, the Magistrate can make an order that Victoria Legal Aid assists them. 

What happens if your client does not attend court?

If your client does not attend court, the hearing can go ahead without them if the court is satisfied they have been notified of the court date. 

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Get legal support

Refer your client to one of the following services for free legal advice or representation: 

Victoria Legal Aid 

Women’s Legal Service Victoria 

Local CLC 

Magistrates’ Court of Victoria 

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