Intervention orders in Victoria: how to get one and how they work

An intervention order is one of the most-used legal protections in Victoria. The Magistrates’ Court hears tens of thousands of applications a year, the bulk of them family-violence matters. The orders themselves are deceptively simple in concept — the court tells one person not to do specific things to another — but the law around them, the application process and the consequences of a breach all have layers worth understanding before you walk into court.

This is our plain-English guide to intervention orders in Victoria. It is general information, not legal advice. If you are applying for or responding to an intervention order, the right next step is to speak to a lawyer or contact Victoria Legal Aid, the Women’s Legal Service Victoria, or one of the community legal centres listed at the end.

The two kinds of order

Victoria has two distinct intervention-order regimes:

• Family Violence Intervention Orders (FVIOs) — made under the Family Violence Protection Act 2008 (Vic). Available where there is a family relationship as defined by the Act (intimate partner, ex-partner, parent, child, other family member, kinship relationships, carer relationships, or a relationship with the qualities of a family relationship).
• Personal Safety Intervention Orders (PSIOs) — made under the Personal Safety Intervention Orders Act 2010 (Vic). Available where the parties are not in a family relationship — for example neighbours, co-workers, strangers, acquaintances. The grounds are narrower and include assault, sexual assault, harassment, property damage, serious threats and stalking.

The two regimes overlap in feel but operate under different statutes, with different procedures, evidentiary thresholds and remedies. Picking the right one matters.

Who can apply

An FVIO can be applied for by the affected family member themselves, by Victoria Police on their behalf, or by a parent, guardian or other appropriate adult on behalf of a child. The affected family member does not have to be the applicant — police-applicant matters are common.

A PSIO can be applied for by the affected person, or in some circumstances by police. Children and young people can be involved, with specific procedural protections.

Where applications are made

Applications are made at the Magistrates’ Court of Victoria. Every Magistrates’ Court venue accepts applications, although specialist family-violence list days operate in many locations. The Children’s Court has jurisdiction in some matters involving children.

The application is made on a court form and the registry can help with the process. Court support workers and applicant support services can also help victim-survivors fill out the paperwork and prepare for the hearing.

Interim orders

An interim order is a temporary order made before the final hearing. The court can make an interim order quickly, often on the same day the application is filed, where the magistrate is satisfied it is necessary to ensure safety pending the final hearing.

An interim order has the same operative force as a final order — it imposes conditions, and breaching it is a criminal offence — but it is shorter in duration and is reviewed at the next mention. Interim orders frequently flow from a Family Violence Safety Notice issued by police on the night of an incident.

Final orders: by consent or after a hearing

A final order is the order made at the end of the proceeding. It can be made:

• By consent without admissions — the respondent agrees to the conditions but does not admit the allegations. This is the most common path. It avoids a contested hearing and gives the affected family member protection without putting them through evidence.
• By consent with admissions — the respondent agrees and accepts the allegations. Less common.
• After a contested hearing — the magistrate hears evidence from both sides and decides whether to make the order on the balance of probabilities (the civil standard).

Final orders typically run for 12 months in personal-safety matters, and can run for substantially longer in family-violence matters where the magistrate considers it necessary. The maximum length is set by the relevant Act.

What conditions can an order include?

Conditions are tailored to the circumstances. The Acts allow a wide range, including:

• Prohibiting the respondent from committing family violence (or, in PSIOs, from committing prohibited behaviour).
• Prohibiting contact with the protected person, including by phone, text, email and social media.
• Prohibiting the respondent from approaching, being near, or watching the protected person’s home, workplace, school or other identified locations.
• Excluding the respondent from the family home (an “exclusion condition”).
• Prohibiting third-party communication — the respondent cannot get someone else to make contact for them.
• Requiring the return of personal property.
• Conditions tailored to children — school drop-offs, parenting communication channels, no negative comments to children about the protected person.
• Surrendering firearms and prohibiting the respondent from holding a firearms licence.

The court can craft conditions to suit the situation, within the framework of the Act. Conditions should be no more restrictive than necessary to protect the affected person.

Variation, extension and revocation

An intervention order is not set in stone. Either party can apply to vary the order (change conditions), extend it (lengthen the duration), or revoke it (cancel it). The Magistrates’ Court considers these applications on the same evidentiary basis as the original order.

It is worth knowing that an affected family member cannot lift the order on their own — only the court can vary or revoke a final order. Even if the affected family member has resumed contact with the respondent, the order remains in force until the court changes it. Breaches are still prosecutable in that situation, which catches some respondents by surprise.

Breach offences and consequences

Breaching an intervention order is a criminal offence in Victoria. Penalties depend on the type of order and the circumstances of the breach, but in broad terms a contravention of an FVIO can attract a fine and a term of imprisonment of up to two years for a single contravention, with much higher penalties for persistent contravention or contravention intended to cause harm or fear.

Breaches often arise from contact that the respondent considers minor — a text message, a Facebook follow, turning up at a child’s school assembly. The criminal law does not weigh those breaches as minor. Even an apparently consensual breach (where the protected person initiated the contact) is still a breach, because the order binds the respondent regardless of what the protected person does.

Where the breach involves further family violence or threats, charges for the underlying offending will typically be laid alongside the breach charge. Conviction patterns and sentencing patterns vary.

Practical steps if you are applying

The Magistrates’ Court website has plain-language guides to FVIO and PSIO applications, including the forms. In broad terms:

1. Document what has happened — dates, times, places, what was said and done. Keep this material safe.
2. Decide whether to involve police. They can apply for an order on your behalf and can issue a safety notice in the moment.
3. If applying yourself, attend the Magistrates’ Court registry. Court support workers can help.
4. Consider whether you want an exclusion condition, no-contact, or other specific terms.
5. Get legal advice before any contested hearing.

Practical steps if you are responding

If you have been served with an application, an interim order or a safety notice, the conditions take effect immediately. Read them carefully. Comply with them in full, even if you disagree, until and unless the court varies them. Get legal advice before the next hearing. Consenting without admissions is a common path and does not amount to admitting the allegations.

Where to get help

For applicants, Safe Steps is on 1800 015 188 (24/7) and 1800RESPECT is on 1800 737 732. The Women’s Legal Service Victoria runs a family violence legal service. For respondents, the Men’s Referral Service is on 1300 766 491. Victoria Legal Aid is on 1300 792 387 for both sides. Court Network volunteers provide non-legal court support. For First Nations callers, Djirra is on 1800 105 303 and 13YARN is on 13 92 76. For multicultural communities, InTouch is on 1800 755 988. For general crisis support, Lifeline is on 13 11 14 and Beyond Blue on 1300 22 4636. If you are in immediate danger, call 000.