If you've been served with an IVO, or you need one to keep yourself or your children safe, you're not in a small group and you don't have to figure this out on your own. IVOs — Intervention Orders — move quickly through Melbourne's Magistrates' Courts, and the conditions in them can change where you live, when you see your children, and whether you can attend work. Whether you're the protected person or the respondent, the most important thing you can do today is slow it down enough to understand what's actually being decided.
At a glance — IVOs in Victoria
| What does IVO stand for? | "Intervention Order" — the colloquial Victorian acronym. There are two distinct regimes: FVIO (Family Violence Intervention Order) and PSIO (Personal Safety Intervention Order). |
| Governing law | Family Violence Protection Act 2008 (Vic) for FVIOs; Personal Safety Intervention Orders Act 2010 (Vic) for PSIOs |
| Where they're heard | Victorian Magistrates' Courts (Melbourne, Heidelberg, Sunshine, Frankston and others) |
| Who can apply | The affected person, or Victoria Police on the affected person's behalf |
| Interim orders | Common — made on a paper application by a Magistrate or by Police on safety grounds, before any contested hearing |
| Standard duration of a final order | Typically 12 months, sometimes 2 years, occasionally longer |
| Breaches | A criminal offence under s 123 of the Family Violence Protection Act — police can charge and the matter goes through criminal jurisdiction |
| Effect on firearms / WWCC | Significant — an IVO can affect a firearms licence and a Working with Children Check immediately |
| Free first consultation | Yes, in confidence, no obligation |
FVIO vs PSIO — which regime applies to your situation
The first thing we work out in any IVO matter is which regime applies, because they're genuinely different orders with different tests and different consequences.
Family Violence Intervention Order (FVIO) — applies between people in a family-like relationship. That's broader than "spouse and kids". It covers current and former partners (married, de facto, dating), parents and children, siblings, in-laws, step-relatives, carers and care recipients, and people who treat each other as family. The Family Violence Protection Act 2008 (Vic) defines "family violence" broadly — not just physical violence, but threats, sexual violence, emotional and psychological abuse, financial abuse, coercive and controlling behaviour, and exposure of children to any of the above.
Personal Safety Intervention Order (PSIO) — applies between people who are NOT in a family-like relationship. Neighbours, co-workers, acquaintances, friends, ex-friends. The test is different — "prohibited behaviour" under the Personal Safety Intervention Orders Act 2010 (Vic), which includes assault, sexual assault, harassment, property damage, serious threats, and stalking.
The two regimes don't overlap. Pick the wrong one and the application can be struck out. Get the right one and the path forward is clearer.
The conditions that actually change your life
Beyond the standard non-violence and non-contact conditions, IVOs can include:
- Exclusion from the family home — the respondent cannot return to the address, even if it's their home and even if their belongings are there.
- Prohibitions on contact — including contact via children, via third parties, via social media, via text.
- Prohibitions on attending workplaces, schools, or specific addresses — including the protected person's workplace and the children's school.
- Firearms conditions — automatic suspension of firearms licences while the order is in force.
- Parenting and child-contact provisions — often the most contested part of any FVIO involving children.
Where there are existing or potential family-law parenting orders, the IVO conditions need to be coordinated carefully — an IVO that prohibits contact will override an inconsistent parenting order to that extent. Getting the conditions right matters enormously, both for safety and for ongoing family life.
How we help — applicants
If you need an IVO to be safe, we will:
- Listen to what's actually happening — in confidence, without judgement.
- Help you decide whether Police should apply, or whether a private application is the right path.
- Prepare the application materials properly, with the supporting evidence (text messages, photos, medical records, police records, witness statements) organised for the Court.
- Apply for an interim order on a safety basis where the situation requires it.
- Represent you at directions hearings and contested final hearings.
- Coordinate with any parallel family-law parenting matter so the IVO and the parenting orders don't pull in opposite directions.
- Connect you with safety services, support workers and counselling where helpful — we work with Safe Steps, WIRE, InTouch, the Salvation Army Crisis Service and others.
The goal is for you to be safe and for the orders to give you a stable starting point — not an endless court process.
How we help — respondents
If you've been served with an IVO and the allegations are wrong, exaggerated or partial, we will:
- Take the application seriously and read it carefully — interim orders are often made on one-sided material, and your account hasn't been heard yet.
- Give you an honest, realistic assessment of the case against you. Sometimes contesting is the right call. Sometimes the better path is consent without admission, which finalises the order without you admitting to the alleged conduct. Sometimes an undertaking (a formal promise to the Court) is appropriate.
- Negotiate with the Police Prosecution unit or the applicant's lawyer where possible to modify conditions — particularly around the family home, parenting time and workplace.
- Represent you at directions and contested hearings.
- Coordinate with any parallel family-law parenting matter so an IVO doesn't accidentally cost you your relationship with your children.
- Protect your firearms licence, WWCC and professional registrations where they're at risk.
We do not flinch at difficult fact patterns and we do not lecture you. The job is to give you sober legal advice and represent you properly.
Common scenarios we see
- A relationship has broken down badly and an interim FVIO has been made on a Police application; the respondent has been told to leave the family home and is staying with their parents. The first hearing is in two weeks.
- An applicant is being followed and harassed online by a former partner who has no current contact rights with the children. They want an FVIO with comprehensive conditions including social-media prohibitions.
- A neighbour dispute has escalated and a PSIO application has been served; the conduct alleged is serious but parts of it are simply untrue.
- A respondent is a tradesperson whose firearms licence is required for work; the interim FVIO has suspended the licence and they need urgent, sensible representation.
- A respondent has consented to an IVO without legal advice and now realises the conditions stop them from collecting their kids from school. They need a variation.
If your situation looks like one of these — or doesn't — we can help.
What it costs
The first consultation is free. Beyond that, fees depend on whether the matter resolves at the directions hearing, by negotiation with Police Prosecution, by consent without admission, or by contested final hearing. We will give you a written cost estimate in writing under the Legal Profession Uniform Law before any work begins. Victorian Legal Aid is available for eligible clients and I act on Legal Aid grants directly.
Frequently asked questions
Does an IVO go on my criminal record?
No. An IVO is a civil order, not a criminal conviction, and does not appear on your criminal record. However, a breach of an IVO is a criminal offence and will appear on your record. IVOs can also affect firearms licences, Working with Children Checks and some professional registrations.
Can I just consent to the IVO to get it over with?
You can consent — and "consent without admission" is a genuinely useful path that resolves the matter without a contested hearing and without a finding of fact against you. But consent has consequences. The conditions of the order bind you for its duration, and a breach is criminal. Before consenting, get advice on what the conditions actually mean for your life — particularly around contact with children, the family home, firearms and workplace attendance. We can negotiate consent terms that protect you.
My ex applied for an IVO against me — can I apply for one against them?
Yes, if there are genuine grounds. Cross-applications are sometimes appropriate where both parties have legitimate concerns. They can also complicate things substantially, and the Court is alert to retaliatory or tactical applications. We will give you an honest read on whether a cross-application is sensible or counterproductive in your matter.
Police applied for an IVO on my behalf and I don't want one. Can I withdraw it?
It's complicated. Where Police have applied, you (the affected person) are technically not a party to the application — Police are. You can express your views and Police will take them into account, but the Court has the final say on whether to make or extend the order. We can help you communicate your position to Police and the Court effectively.
The other party has breached the IVO. What do I do?
Report it to Police immediately. Breach of an IVO is a criminal offence under s 123 of the Family Violence Protection Act 2008 (Vic), and Police can charge. Keep a contemporaneous record of the breach (date, time, what happened, any witnesses, any messages or recordings). Police investigate and prosecute the breach as a criminal matter; we can support you through the process.
Can the IVO conditions be varied later?
Yes. Either party can apply to vary the conditions of an IVO during its life. The Court looks at whether there's been a material change in circumstances and whether the protected person consents. Variations are common around parenting time and the family home as relationships and living arrangements settle.
How long does an IVO last?
Final orders are typically 12 months, sometimes 2 years, occasionally longer if the Court considers an extended duration appropriate. The order ends on its expiry date unless varied or extended on application. Interim orders last until the next listed hearing, where they may be extended, made final, or discharged.
What if there are children involved?
This is where IVO matters intersect most closely with family law. The IVO conditions need to coordinate carefully with any current or potential parenting orders. Where Police have charged a respondent with family violence offences, the family-law Court will also be alert to the safety picture. We routinely handle IVO matters alongside the parenting picture — they cannot be sensibly handled in isolation.
Get IVO advice today
If you're dealing with an IVO — as applicant or respondent — the first consultation is free, in confidence and without obligation. Send the enquiry form with a brief note about your situation, and Elisa will personally call you back, usually the same day. If your matter is urgent — a hearing in the next few days, an arrest, a parenting handover that's gone wrong — say so and we'll prioritise the callback.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Conveyancing and property law in Melbourne since 2012. Last reviewed 28 May 2026.
This guide is general information about Victorian conveyancing, not legal advice for your specific transaction. For advice on your matter, book a free 15-minute consultation.