Family Violence Intervention Orders are used when individuals in a domestic family relationship are found to be experiencing violence or threatened violence. The affected family members or police taking these Intervention Orders are governed by the The Family Violence Protection Act 2008 (Vic). 

When should a Family Violence Intervention Order be sought? 

Family violence is given a broad meaning under the Act and can include harmful behaviour between family members that causes fear. It includes emotional and financial abuse, as well as physical violence and sexual abuse. 

What types of conditions can be put in a Family Violence Intervention Order? 

Intervention orders can place a variety of conditions upon the person it is against (respondent) including prohibiting the respondent from;

  • committing family violence against the protected person
  • intentionally damaging the protected person’s property or threatening to do so
  • attempting to locate or follow the protected person or keep them under surveillance
  • publishing on the internet or by email or other electronic communication any material about the protected person
  • contacting or communicating with the protected person by any means
  • approaching or remaining within a certain distance of the protected person
  • going to or remaining within a certain distance of where the protected person lives, works or attends school or childcare
  • getting another person to do anything the respondent must not do under the order.

How do I apply for an Intervention Order? 

The Police can apply for an Intervention Order on your behalf, especially if there are connected criminal charges with the Application. If not, you may need to apply for the Intervention Order yourself by filing an application at the Magistrates’ Court.

The Court can grant two types of Family Violence Intervention Orders:

  • An interim order; and
  • A final intervention order.

An interim order is only temporary and is made by Court to protect a person from family violence until a final decision is made by the Court. 

A final intervention order is made once the matter has been heard in Court and the Magistrate is satisfied that the respondent has committed family violence and is likely to do so again. 

What is the impact of breaching a Family Violence Intervention Order?

If you breach an Intervention Order, you risk a criminal conviction with Penalties ranging from steep fines to imprisonment. 

Breaching a Family Violence Intervention Order in Victoria is a summary offence and is usually heard in the Magistrates’ Court. If you are a defendant charged with contravening a family violence intervention order, you should consider taking legal advice. 

Persistent breach of Family Violence Intervention Orders 

In 2012 the Family Violence Protection Act 2008 (Vic) was amended to include a criminal charge of Persistent Contravention of Notice and Orders. (Persistent Breach) 

Section 125A was inserted into the Act to make the “Persistent Breach” of Family Violence Intervention Orders or Family Violence Safety Notices an indictable offence. An indictable offence is a serious offence which is generally dealt with in the County Court of Victoria.