Intervention Orders Lawyers

What is an Intervention Order (IVO)?

An Intervention Order (IVO) is a court order designed to protect a person from harm by restricting another person’s behaviour. It may prohibit contact, communication, or being in proximity to the protected person.

IVO applications commonly arise where police investigate allegations of assault, threats, or family violence. In many cases, police will apply for an intervention order on behalf of an alleged victim.

A court may also grant an IVO where it is satisfied, on the balance of probabilities, that a person has engaged in prohibited behaviour and that protection is necessary.

While an intervention order is a civil order and does not create a criminal record, breaching an IVO is a criminal offence with serious penalties, including imprisonment.

Types of Intervention Orders in Victoria

There are two main types of intervention orders in Victoria:

• Family Violence Intervention Orders (FVIOs) – made where the parties are family members, partners, or former partners

• Personal Safety Intervention Orders (PSIOs) – made where the parties are not in a family relationship (for example neighbours, colleagues, or acquaintances)

Each type of order is governed by separate legislation and involves different legal thresholds and processes.

What Does an Intervention Order Do?

An intervention order can impose a range of conditions, including restrictions on contact, attendance at certain locations, or communication through any means (including digital communication).

Although an IVO itself is not a criminal conviction, breaching any condition is a criminal offence. Depending on the circumstances, penalties may include fines, community-based orders, or imprisonment.

Understanding the conditions of an order is critical, as even unintended or indirect contact may constitute a breach.

Defending an Intervention Order Application

If an intervention order has been made against you or an application has been issued, it is important to seek legal advice as early as possible.

You may have options to:

• Oppose the making of the order

• Negotiate variations to the conditions

• Contest allegations at a final hearing

It is also important to understand how intervention order proceedings may interact with any related criminal investigation or charges. What is said or relied upon in IVO proceedings can have consequences in criminal matters.

At Stary Norton Halphen & Galbally, we provide strategic advice to ensure your position is protected across both jurisdictions where necessary.

Should You Apply for an Intervention Order?

Intervention orders are often initiated by police, but individuals can also apply directly for protection.

Before making an application, it is important to consider:

• Whether police involvement is appropriate

• Whether the behaviour meets the legal threshold for an order

• Whether alternative legal or protective measures may be more effective

• Whether the application may escalate ongoing conflict or legal proceedings

Our lawyers can provide practical guidance on whether an intervention order is appropriate and the likelihood of success based on your circumstances.

How to Apply for an Intervention Order

For a Personal Safety Intervention Order, an application must generally be made at your local Magistrates’ Court in Victoria, either online or in person, depending on the court process.

For a Family Violence Intervention Order, applications are often made online or through police assistance, particularly where immediate protection is required.

Police may also apply for an intervention order on behalf of a person, even where that person does not request one.

What Happens if You Breach an Intervention Order?

Breaching an intervention order is a criminal offence in Victoria.

The maximum penalty for a single breach is two years’ imprisonment. Where multiple breaches occur within a short timeframe, more serious charges such as persistent breach may apply, carrying a maximum penalty of five years’ imprisonment.

Breaches can range in seriousness, from indirect contact (such as messages or social media communication) through to serious allegations involving violence or intimidation. Courts will consider the nature of the breach when determining penalty.

Intervention Order Lawyers Melbourne

If you have been served with an intervention order, are responding to an application, or have been charged with breaching an IVO, it is essential to obtain specialist legal advice as early as possible.

Our intervention order lawyers in Melbourne can:

• Advise you on your legal position and options

• Represent you in contested hearings

• Assist in negotiating variations or resolutions

• Defend breach allegations in criminal proceedings

• Ensure your matter is managed strategically across related criminal issues

Expert Criminal Defence Lawyers Melbourne

Stary Norton Halphen & Galbally represents clients across Victoria in all aspects of intervention order law, including applications, defences, and breach proceedings.

If you need urgent legal assistance, contact our Melbourne office on(03) 8622 8200or submit an enquiry through our website.