Intervention orders are among the most common Magistrates' Court matters in Victoria — and among the most consequential. They can determine where someone lives, when they see their children, and in some cases whether they keep their job. This article explains what intervention orders are, how to obtain or respond to one, and what to expect.
The two regimes
Victoria has two distinct intervention order regimes. The Family Violence Protection Act 2008 governs Family Violence Intervention Orders (FVIOs), which apply between people in a family-like relationship — partners, ex-partners, family members, carers. The Personal Safety Intervention Orders Act 2010 governs Personal Safety Intervention Orders (PSIOs), which apply to non-family relationships — neighbours, co-workers, acquaintances.
The applicable regime depends on the relationship. A workplace bullying situation goes through PSIO. A current or former intimate partner goes through FVIO. Family disputes — adult children, in-laws — generally go through FVIO.
How an intervention order is started
Most family violence matters start with police. Where police attend an incident, they can issue a Family Violence Safety Notice on the spot — a short-term order pending a court hearing. Police can then apply to the Court for an FVIO on behalf of the protected person.
Anyone can also apply directly to the Magistrates' Court for an intervention order, with or without legal representation. The application is made at the Court counter, supported by an affidavit explaining the conduct and seeking interim and final orders.
Where there is immediate risk, the Court can make an interim order at the first hearing — often the same day or the next day — pending a full contested hearing later.
Responding to an intervention order
If you have been served with an interim order or application, you have three main options. First, you can consent to the order being made — either on the basis of admitting the alleged conduct or, more commonly, on the basis of consent without admission (you agree to be bound by the order without admitting to the underlying conduct). Second, you can give an undertaking — a formal promise to the Court that may substitute for the order in some matters. Third, you can contest the application and have the matter listed for a full hearing.
Which option is right depends on the facts, the likely evidence, the consequences of an order being made (particularly for firearms licences, working with children checks, and professional registrations), and any parallel family law issues.
Conditions
Intervention orders can include a wide range of conditions. The standard non-violence condition prohibits the respondent from committing family violence (or, in PSIOs, conduct contrary to the Personal Safety Intervention Orders Act). Additional conditions can include exclusion from the family home, prohibitions on contact (direct or indirect, including through third parties or social media), prohibitions on attending workplaces or schools, and conditions around firearms.
The conditions are negotiable in many matters. A well-drafted order protects the applicant without imposing more on the respondent than necessary.
Intersection with family law
Where there are existing or likely family law issues — particularly parenting matters — intervention order conditions and parenting arrangements must be coordinated. An intervention order that prohibits contact with the protected person overrides any inconsistent parenting order. This can create real practical problems for parenting handovers that need to be planned around the intervention order conditions.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Practising family and property law in Melbourne since 2012. Last reviewed 22 May 2026.
This article is general legal information about Australian family law. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.