Defending an Intervention Order in Regional Victoria: What You Need to Know

Being served with an intervention order can be a confusing and frustrating experience. It’s understandable to feel uncertain about what to do next, and it’s important to know that an intervention order can have consequences beyond what you might initially expect. These orders can impact your living situation, access to your children, and even your future employment prospects.

Here’s what you need to know about defending an IVO in Victoria, the options available, and the implications of each choice.

What is an Intervention Order?

An intervention order offers legal protection to individuals facing threats, harassment, or violence. In Victoria, two main types of intervention orders exist:

Family Violence Intervention Orders (FVIOs)

These orders apply to cases involving family members, intimate partners, or household members. They address threats, abuse, or violence within family settings, aiming to protect the applicant from harm.

Personal Safety Intervention Orders (PSIOs)

PSIOs address threats, stalking, or harassment outside of family contexts, covering cases such as disputes between neighbours, colleagues, or acquaintances.

The purpose of these orders lies in offering security and a sense of safety, helping individuals distance themselves from potentially harmful situations. An IVO restricts the respondent’s actions, from prohibiting contact to enforcing physical distance. However, understanding your rights and options as a respondent becomes crucial, especially when you believe the allegations lack merit.

Who Can Apply for an IVO?

In Victoria, the applicant may include the individual seeking protection, as can a third party acting on their behalf. This is often the Victoria Police applying on behalf of an individual. A police-initiated IVO aims to protect the person believed to be at risk, bypassing the need for the person themselves to seek the order.

Implications of an IVO

A Family Violence Intervention Order or Personal Safety Intervention Order can restrict or prohibit a wide range of behaviours, including:

• Prohibiting contact or approach towards the protected person or their children.
• Requiring a person to leave a shared residence.
• Preventing damage to the protected person’s property.
• Requiring participation in counselling or other programs.
• Restricting publishing online content about the protected person.

What Happens If You Breach An IVO?

Any breach of the IVO, however minor, could lead to criminal charges. Courts take breaches seriously, even if unintentional, so understanding and complying with the order’s specifics remains crucial.

If you have received an intervention order (interim or final) and you don’t understand what the terms mean, it’s crucial that you find out. Speaking with an intervention order lawyer is a good first step. 

Framing An IVO

It is important to remember that the intervention order filed might not come directly from the family member—and even if it does, it’s a tool that can offer legal protection to that person. 

Framing an IVO as a legal tool, instead of a personal affront, can help the IVO process run more smoothly – and cause less emotional uncertainty throughout the process. In turn, this can help you approach the discussions and negotiations throughout the legal process with less anger and hurt. 

However, this can be really challenging. If you’re confused about why you’ve been served with an intervention order, it can be helpful to speak with relevant professionals, such as a lawyer as well as potentially a therapist.

When the police or an individual initiates an IVO, understanding their concerns can create an opportunity to seek resolution outside a courtroom. For example, discussing concerns or misunderstandings with family members involved, or cooperating with social services, may open doors for alternative outcomes. In these cases, seeking legal guidance can clarify the best approach, preserving important relationships where possible.

Your Options When Defending an Intervention Order

While you may feel backed into a corner when you’re served with an IVO, you do have a range of options:

1. Do Nothing
   Opting to take no action results in the automatic approval of the IVO, meaning it goes into effect without further defence. Although this option may avoid a court appearance, it also imposes the order’s restrictions on your actions and interactions. This can limit your rights (for instance, it might limit your access to your children) and even result in criminal consequences if you breach the terms, knowingly or unintentionally.
2. Hire a Lawyer
   Engaging an intervention order lawyer comes with the advantage of professional guidance throughout the process. An experienced lawyer can review the allegations, provide insight into the claims and its impact, as well as the process. From there, your lawyer can work with you through negotiations and prepare a defence suited to your unique circumstances, if that’s the right path. Legal counsel proves especially valuable for navigating court proceedings, particularly for those unfamiliar with legal terminology or regional court processes.
3. Consent to the Order without Admission
   For respondents who wish to avoid a drawn-out legal process, consenting to an order without admitting any allegations may serve as a middle ground. This option allows you to agree to the order’s terms without admitting guilt or accepting the allegations. It ends the court case more quickly, though it does place the IVO restrictions upon you.
4. Defend the Order in Court
   Defending yourself against an IVO in court involves a full legal process, where you actively argue against the order’s approval. This path requires gathering evidence, possibly calling witnesses, and presenting your side in court. While it offers the chance to dismiss or modify the order, defending the case is challenging (and likely fairly nerve-wracking). Legal processes and terminology are technical and often complex, so it’s not always a good idea to represent yourself. 

Defending An Intervention Order

If you’ve decided to challenge an intervention order, having a clear understanding of the process will help you feel more prepared and confident. Here’s a breakdown of what typically happens when defending an IVO:

• Consult with a Lawyer
  An experienced Intervention Order Lawyer in this area can help you understand the allegations, review your evidence, and advise on the best approach to contest the order.
• Gather Evidence
  An important step is collecting any relevant information that supports your case. This could include text messages, emails, or any communication that helps clarify the situation. Witnesses who can write a letter on your behalf may also be helpful.
• Prepare for the Hearing
  In advance of the hearing, you (or your lawyer) should organise your evidence and address the claims made in the application. Your lawyer will ensure you know what to expect during the hearing and how to present your case clearly.
• Attend the Court Hearing
  At the hearing, both you and the applicant will have a chance to present your sides of the story.
• Wait for the Magistrate’s Decision
  After hearing both sides, the magistrate will review the evidence and make a decision. If you successfully contest the order, it may be dismissed or changed to reflect the true situation.

Since every IVO matter is different, personalised legal advice can make all the difference.

Final Thoughts

Responding to an intervention order requires thoughtful consideration, and your choice will shape your rights and obligations moving forward (as will your attitude throughout the process). From taking no action to actively contesting the order, each option carries specific outcomes and potential consequences. Consulting a legal professional offers critical insight and support, helping you navigate this challenging process while protecting your rights.

Facing an IVO may feel daunting, but you don’t have to face it alone. Whether through local support networks or professional legal guidance, resources exist to help you understand your options and make an informed choice.