Our intervention order lawyers act for both respondents and applicants in their intervention order (IVO) and family violence intervention order (FVIO) matters.
FVIO or Domestic Violence Charges?
If you are involved in an intervention order matter in Melbourne or anywhere in Victoria, it is important to obtain legal advice as early as possible. Intervention orders can have serious legal consequences, particularly where a person is accused of breaching an order.
At Balot Reilly Criminal Lawyers, our experienced Melbourne criminal defence lawyers regularly represent clients in family violence intervention order proceedings, personal safety intervention order matters, and breach of intervention order charges throughout Victoria.
Our legal team appears in Magistrates’ Courts across Melbourne and regional Victoria, providing strategic advice and strong courtroom advocacy for both applicants and respondents.
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A Family Violence Intervention Order (IVO) is a court order made by the Magistrates’ Court under the Family Violence Protection Act 2008.
An intervention order places legal restrictions on a person (known as the respondent) to protect another person known as the Affected Family Member (AFM).
These orders are designed to prevent family violence, harassment, threats, intimidation, or other harmful behaviour.
An intervention order may prohibit the respondent from:
Family violence is broadly defined under the Family Violence Protection Act 2008 (Vic).
Family violence can include behaviour that is:
Family violence may also include behaviour that causes a child to hear, witness, or be exposed to family violence.
These behaviours may lead to a family violence intervention order application in the Magistrates’ Court.
An interim intervention order is a temporary order made by the court to provide immediate protection while the court process continues.
Interim orders are often made:
The interim order remains in place until the court decides whether to make a final intervention order.
A Personal Safety Intervention Order (PSIO) is another type of protective order made under the Personal Safety Intervention Orders Act 2010.
Unlike family violence orders, personal safety intervention orders apply to people who are not family members.
These orders may apply in disputes involving:
Personal safety intervention orders can restrict behaviour such as:
Breaching a personal safety intervention order is also a criminal offence.
An intervention order application may be made by:
Police often apply for intervention orders where they believe a person requires protection from family violence or threatening behaviour.
After an intervention order application is filed, police will usually serve the documents on the respondent.
This may occur by:
Once served, the respondent must comply with the order immediately.
An interim intervention order remains in force until the Magistrates’ Court determines whether a final order should be made.
If a final intervention order is granted, the Magistrate will decide the duration of the order, which is usually specified on the order itself. If no expiry date is listed, the order will continue to operate until the court varies, cancels, or revokes it.
If you wish for the intervention order to remain in place beyond its expiry date, you should apply to the court for an extension of the order. This application should generally be made at least four weeks before the order expires, and preferably six to eight weeks in advance to allow sufficient time for the court process.
Breaching an intervention order is a criminal offence in Victoria.
Under the Family Violence Protection Act 2008 (Vic), the maximum penalty for breaching an intervention order is:
If a person breaches an intervention order intending to cause harm or fear, the offence becomes more serious. Possible penalties include:
Courts treat these offences very seriously, particularly where the breach involves violence, threats, or harassment.
A persistent breach occurs where a person repeatedly breaches an intervention order on multiple occasions within a short period. Persistent breaches can carry penalties of up to:
Intervention orders provide important protections for individuals experiencing:
These orders can provide peace of mind by creating clear legal boundaries and consequences if those boundaries are breached.
For example, if a respondent breaches the order, police may arrest and charge them with a criminal offence.
In some circumstances, the court may also order the respondent to surrender firearms or weapons.
Yes. A respondent to an intervention order application may contest the allegations in court.
Possible issues that may arise include:
An experienced criminal defence lawyer can represent respondents in contested intervention order hearings and present evidence to challenge the application.
If police believe you have breached an intervention order, you may be:
Because breach charges are criminal offences, they can result in a criminal record and possible imprisonment.
Early legal advice is essential.
The conditions of an IVO usually include a prohibition on communicating with the protected person. Even if the protected person sends you a message or calls you, you must not respond if a no-contact condition is in place. Responding to the protected person may constitute a breach of the intervention order, which is a criminal offence and may result in further charges.
If the protected person contacts you:
If the protected person (the Affected Family Member) wishes to withdraw the intervention order, the order cannot simply be cancelled automatically. Only the Magistrates’ Court has the authority to vary or revoke an intervention order.
In most cases, the protected person or the police (if they were the applicant) must apply to the court to withdraw or vary the order. The court will then decide whether it is appropriate to cancel the order after considering the circumstances and whether the protected person still requires protection.
If you are the respondent and the protected person indicates they want the order withdrawn, you should seek legal advice before taking any steps. A lawyer can assist by:
Until the court formally varies or cancels the order, all conditions of the intervention order remain legally binding and must be strictly followed. Failure to comply with the order may result in a criminal charge for breaching an intervention order.
Balot Reilly Criminal Lawyers have extensive experience representing clients in intervention order proceedings and breach charges.
Our lawyers provide:
We regularly appear in Magistrates’ Courts throughout Melbourne and Victoria.
Our goal is to protect your rights, your reputation, and your future.
We assess the evidence, identify available defences, and develop a clear strategy to minimise penalties or avoid conviction where possible.
✔️ We will carefully listen to your story & support you
✔️ We will offer defense strategies to help you
✔️ We will advise you in plain-language, no legal jargon
✔️ We will minimise penalties and damage to your life where possible
✔️ We will offer the best legal representation in court
✔️ Clear, practical legal advice from experienced criminal defence lawyers
✔️ Strong representation in Melbourne courts from the outset
✔️ Strategic guidance tailored to your specific circumstances
✔️ Transparent communication at every stage of your matter
✔️ Proactive defence focused on minimising penalties and protecting your record
