Intervention orders

An intervention order is a court order designed to protect a person from harmful behaviour. In Victoria, there are two main types of intervention orders. The first is a family violence intervention order. The second is a personal safety intervention order.

Although both are intervention orders, they apply in different situations. A family violence intervention order is used where the people involved are family members, partners or former partners. A personal safety intervention order is used where the people involved are not family members. That may include neighbours, friends, work colleagues, employers, employees, tenants, landlords, students or strangers.

The legal test is different for each type of order. The legislation is also different. Family violence intervention orders are dealt with under the Family Violence Protection Act 2008. Personal safety intervention orders are dealt with under the Personal Safety Intervention Orders Act 2010. Both Acts remain in force in Victoria.

Intervention order proceedings should be taken seriously. An order can affect where a person lives, who they contact and where they can go. It can also affect parenting arrangements, firearms licences, employment, travel and future criminal proceedings. An intervention order is usually a civil order when made, but breaching it can become a criminal offence. The Magistrates’ Court of Victoria says that breaking the conditions of an intervention order can result in police charges.

Family violence intervention orders

A family violence intervention order is often called an FVIO. It is a court order made to protect a person, their children or their property from a family member, partner or former partner.

The person seeking protection is usually called the affected family member. The person the order is sought against is called the respondent. Police may also apply for an order on behalf of an affected family member.

The first issue in many FVIO cases is whether the relationship is covered by the Act. Family members can include married partners, de facto partners, domestic partners, parents, children, relatives by birth, relatives by marriage and relatives by adoption. The law can also cover people who are treated like family within a person’s cultural or social structure. Former family members can also be covered.

The second issue is whether the alleged behaviour is family violence. Family violence is broader than physical assault. It can include behaviour used to control, threaten, force or dominate a family member through fear. The Magistrates’ Court gives examples such as physical violence, sexual abuse, emotional abuse, psychological abuse and financial abuse.

Family violence can include threats. It can include property damage. It can include controlling who a person sees, where they go, what they wear or how they use money. It can also include abusive messages, monitoring online activity or behaviour that makes a person fear for their safety. Children can also be affected by family violence if they see it, hear it or are otherwise exposed to it.

A final FVIO can be made after the court hears the evidence. The Magistrates’ Court states that the magistrate must be satisfied that the respondent has used family violence and is likely to do so again. A final order can also be made by consent or where the respondent does not oppose the application.

This means an FVIO case is not just about whether there has been conflict. The court must consider the relationship, the alleged conduct, the need for protection and the likelihood of future family violence. In some cases, the evidence may be strong. In other cases, the allegations may be disputed. The outcome will depend on the material before the court.

Personal safety intervention orders

A personal safety intervention order is often called a PSIO. It is used where the person seeking protection is not a family member of the respondent. The Magistrates’ Court describes a PSIO as an order made to protect a person from unwanted behaviour by someone who is not a family member. Protection can also extend to children and property.

PSIOs commonly arise from disputes between neighbours, former friends, work colleagues, housemates or people involved in community conflict. They can also arise where the parties barely know each other. The key point is that the relationship is not one covered by family violence legislation.

A PSIO can protect a person from assault, property damage, harassment, threats and stalking. The Magistrates’ Court gives examples such as hitting, pushing, damaging property, sending abusive messages, bullying, intimidation, threatening to harm a person or threatening to damage property.

The legal test for a final PSIO focuses on prohibited behaviour or stalking. The court must be satisfied that the respondent has engaged in behaviour covered by the Act and that there is a proper basis for ongoing protection. The behaviour must be more than ordinary disagreement or unpleasant communication. The court will look at what happened, how serious it was and whether future protection is needed.

A PSIO can impose conditions on the respondent. Those conditions may prevent contact. They may prevent attendance at a home, workplace or other location. They may prohibit harassment, threats, stalking or property damage. The exact conditions should reflect the risk and the circumstances of the case.

The difference between an FVIO and a PSIO

The main difference is the relationship between the parties. If the respondent is a family member, partner or former partner, the matter will usually be dealt with as an FVIO. If the respondent is not a family member, the matter will usually be dealt with as a PSIO. The Magistrates’ Court directs people seeking an order against someone who is not a family member, partner or former partner to the personal safety intervention order process.

The type of behaviour is also different. FVIOs deal with family violence. That concept is broad and includes coercive, controlling and dominating behaviour within family relationships. PSIOs deal with prohibited behaviour such as assault, harassment, property damage, threats and stalking by someone outside the family relationship.

Choosing the correct type of application matters. If the wrong application is filed, the case may be delayed or disputed. The court will need to know why the order is sought, what relationship exists between the parties and what conduct is alleged.

Interim and final orders

An interim order is a temporary order. It can be made before the final hearing. Interim orders are often made where immediate protection is said to be necessary.

A final order is made after the matter is resolved or decided. It may be made after a contested hearing. It may also be made by consent. In many cases, a respondent may agree to an order without admitting the allegations. Whether that is appropriate depends on the case.

A person should be careful before consenting to an intervention order. Even if there is no admission, the order still has legal consequences. The respondent must obey every condition. A protected person also needs to understand what the order does and does not do.

Conditions in intervention orders

Conditions are the rules that the respondent must follow. They may prevent the respondent from committing family violence or prohibited behaviour. They may also prevent contact, communication or attendance at particular places. In some cases, conditions may allow limited contact for parenting arrangements, child handover or legal communication.

The exact wording matters. A person may breach an order without intending to cause harm. For example, sending a text message may be a breach if communication is prohibited. Attending a shared location may be a breach if the order prevents the respondent from being near the protected person.

If the conditions are too broad, impractical or unclear, legal advice should be obtained. It may be possible to negotiate different conditions. It may also be possible to apply to vary the order later.

Breaching an intervention order

Breaching an intervention order is serious. A a breach occurs when a respondent does not follow the conditions of an intervention order or safety notice. Breaching is against the law, and police can charge the respondent with a criminal offence.

The Magistrates’ Court also states that breaches are treated seriously. If a respondent is found guilty, the court may impose a prison sentence, fine, good behaviour bond or other penalty. The respondent may also receive a criminal record.

It is not a defence to say that the protected person agreed to contact if the order prohibited that contact. The respondent must always follow the conditions, even if the protected person says the behaviour is okay.

Anyone charged with breaching an intervention order should get legal advice quickly. A breach charge can affect employment, travel, parenting disputes, bail and future sentencing. Even a minor breach can have serious consequences.

Why legal advice matters

Intervention order proceedings can move quickly. A person may be served with an application and required to attend court soon after. Police may already be involved. There may also be related criminal charges, family law proceedings or child protection issues.

For applicants, legal advice can help identify the correct order, prepare evidence and seek workable conditions. For respondents, advice can help assess whether to contest the application, negotiate conditions or consent without admissions.

These matters are often emotional. They can involve family breakdown, neighbour disputes, workplace conflict or allegations of violence. Clear advice can help separate the legal issues from the personal conflict.

Intervention orders can protect people from serious harm. They can also impose significant restrictions on respondents. For that reason, both applicants and respondents should treat them carefully from the beginning.

This page provides general information only. It is not legal advice. Anyone involved in an intervention order matter should obtain advice about their own situation.