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Family Violence Intervention Orders

A Family Violence Intervention Order (FVIO) is a Court order designed to protect a person from family violence by placing conditions on another person’s behaviour.

At Baird & McGregor Lawyers, we assist clients in both applying for and responding to intervention orders, providing practical advice in what are often urgent and sensitive circumstances.

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What is a Family Violence Intervention Order?

A Family Violence Intervention Order is an order made by the Magistrates’ Court of Victoria under the Family Violence Protection Act 2008 (Vic) to protect a person (the “affected family member”) from family violence.

An FVIO can:

  • restrict or prevent contact between the parties;

  • prohibit certain behaviour; and

  • provide broader protections where necessary for safety

Family violence is broadly defined and can include not only physical violence but also emotional, psychological and financial abuse.

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What is family violence?

Family violence is defined very broadly under section 5 of the Family Violence Protection Act 2008 (Vic).

It includes behaviour that:

  • is physically or sexually abusive;

  • is emotionally or psychologically abusive;

  • is economically abusive;

  • is threatening, coercive, controlling or dominating; or

  • causes a person to fear for their safety or wellbeing

The Act also recognises that family violence can include:

  • damage to property;

  • limiting a person’s independence or access to finances;

  • monitoring or surveillance (including electronic monitoring); and

  • exposing a child to family violence (including hearing or witnessing it)

This broad definition reflects that family violence extends beyond physical harm.

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Who can apply for an intervention order?

Under the Act, an FVIO application can be made by:

  • the affected family member;

  • a police officer, who may apply on behalf of a person; or

  • in some cases, a parent or guardian for a child

Police applications are common, particularly where there has been a recent incident or risk of harm.

The Family Violence Protection Act 2008 (Vic) defines “family member” broadly (see sections 8–10), and includes:

  • current or former spouses or de facto partners

  • people in an intimate personal relationship

  • parents, children and relatives

  • persons who are or were living together in a family‑like relationship

This broad definition means that FVIOs can apply to a wide range of personal relationships.

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Types of Orders

  • An interim FVIO may be made under the Act:

    • on an urgent basis; and

    • often without the respondent present (ex parte)

    Interim orders are designed to provide immediate protection pending a final hearing.

    They can impose immediate restrictions such as:

    • no contact;

    • exclusion from a home; or

    • restrictions on attending certain locations

    • A final FVIO is made either:

      • after a contested hearing; or

      • by agreement (with or without admissions)

      Under the Act, the Court must be satisfied that:

      • family violence has occurred; and/or

      • it is likely to occur again; and

      • a final order is necessary to protect the affected person

      Final orders operate for a specified period and can include ongoing protective conditions.

The Court has broad powers under the Family Violence Protection Act 2008 (Vic) to impose conditions, including:

  • prohibiting family violence;

  • banning contact or communication;

  • excluding a person from a residence or workplace;

  • restricting behaviour (including publication or harassment);

  • protecting children or other family members

Conditions are tailored to ensure appropriate and proportionate protection.

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The Application Process

The process under the Act generally involves:

  • filing an application at the Magistrates’ Court or by police;

  • an initial mention hearing (often the same day in urgent matters);

  • consideration of whether an interim order should be made; and

  • further hearings if the matter is contested

If an interim order is made, the matter will be listed for a future hearing to determine whether a final order should be made.

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What happens if you are served with an order?

If you are served as a respondent, you are required to comply with the order immediately.

You have the option to:

  • consent to the order (with or without admissions); or

  • contest the application at a final hearing

It is critical to understand that:

  • intervention orders take effect upon service; and

  • strict compliance is required

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Breach of an Intervention Order

Breaching a Family Violence Intervention Order is a criminal offence under the Family Violence Protection Act 2008 (Vic).

This includes:

  • contacting a protected person when prohibited;

  • attending restricted locations; or

  • engaging in behaviour prohibited by the order

Penalties can include:

  • criminal charges;

  • fines; and

  • imprisonment in serious cases

Strict compliance is essential, even if the protected person consents to contact.

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The Court process

First mention hearing

The initial Court date is commonly referred to as the mention hearing. This is typically a short procedural hearing where:

  • the Court considers whether an interim order should be made or remain in place;

  • the respondent indicates whether they intend to consent to or contest the application; and

  • directions are made for the future conduct of the matter

In urgent situations, an interim order may already have been made prior to the respondent being served, and the first mention provides the respondent with their first opportunity to respond.

At this stage, the matter may resolve quickly if the parties reach agreement. If not, the Court will usually adjourn the matter for further steps.

Further and better particulars

Where an application is contested, the respondent may request further and better particulars of the allegations. This involves requiring the applicant (or police informant) to provide:

  • more detailed information about the allegations;

  • clarification of dates, incidents or conduct relied upon; and

  • sufficient detail to allow the respondent to properly understand and respond to the case

This step is important in ensuring procedural fairness, particularly where allegations are broad or general in nature. It allows the respondent to know the case against them before any final hearing takes place and usually involved the Respondent filing a Response to the further and better particulars filed by the Applicant.

Directions hearing

The Court may list the matter for a directions hearing to:

  • confirm the issues in dispute;

  • ensure all evidence has been exchanged; and

  • prepare the matter for a contested hearing

This stage is less formal than a final hearing but ensures that both parties are ready to proceed.

Contested hearing

If the matter cannot be resolved by agreement, it will proceed to a contested hearing. At a contested hearing:

  • both parties give evidence and may be cross‑examined;

  • witnesses may be called; and

  • the magistrate determines whether the legal tests under the Family Violence Protection Act 2008 (Vic) are satisfied

The Court must be satisfied that family violence has occurred and/or is likely to occur and an intervention order is necessary to protect the affected person.

Contested hearings are more formal and involves detailed scrutiny of the evidence.

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Options for resolving proceedings

At any stage of the proceeding, there are several ways in which an intervention order matter may be resolved.

Consent orders

The most common resolution is by consent, where the respondent agrees to the intervention order being made. Consent can be given:

  • without admissions (most common); or

  • with admissions (less common)

Consenting without admissions means that the respondent does not accept the allegations as true but agrees to the order being made to resolve the matter. This option is often used where parties wish to:

  • avoid the cost, stress and risk of a contested hearing; and

  • achieve finality

The Court can make a final intervention order by consent without the need for evidence to be tested.

Undertakings

In some cases, the respondent may offer an undertaking to the Court instead of an intervention order.

An undertaking is a formal promise given to the Court to:

  • behave in a certain way; or

  • refrain from certain conduct

However, it is important to understand that:

  • an undertaking is not a court order; and

  • breaching an undertaking is not a criminal offence (unlike breaching an FVIO)

Because of this, undertakings are not always accepted by the Court, particularly where there are concerns about safety or risk. They are generally more appropriate in lower‑risk cases.

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