Intervention order matters happen quickly, in busy Magistrates' Courts, and the consequences of getting them wrong are serious — both for someone who actually needs protection and for someone wrongly accused. I act for both applicants and respondents in family violence and personal safety intervention orders across Victoria, and the first thing I do in every matter is slow it down enough for the client to actually understand what is being decided.
The two types of intervention order in Victoria
Victoria has two distinct intervention order regimes. A Family Violence Intervention Order (FVIO) is made under the Family Violence Protection Act 2008 and applies between people in a family-like relationship — partners, ex-partners, family members, carers. A Personal Safety Intervention Order (PSIO) is made under the Personal Safety Intervention Orders Act 2010 and applies to non-family relationships — neighbours, co-workers, acquaintances.
The legal tests are different, the available conditions are different, and the long-term consequences (particularly for working with children checks and firearms licences) are different. We will identify which regime applies and tailor the strategy accordingly.
Interim orders, full orders, and undertakings
Most matters begin with an interim order made by Police or the Court on a 'protected person's' application. The matter then comes back to Court for a contested hearing or for orders to be made by consent. Many matters resolve by 'consent without admission', meaning the respondent agrees to be bound by the order without admitting to the alleged conduct — a useful outcome that avoids a contested hearing while not creating a finding of fact. In other matters an 'undertaking' (a formal promise to the Court) may be appropriate.
The conditions that actually matter
Beyond the standard non-violence conditions, intervention orders can include exclusion from the family home, prohibitions on contact (including through children or third parties), prohibitions on attending workplaces or schools, and conditions around firearms. Get the conditions wrong and a well-intentioned order can do real damage — preventing a parent from collecting children, attending a child's school event, or in some cases working in their profession.
Intersection with family law
Where there is an existing or potential family law matter involving children, intervention order conditions and parenting arrangements must be coordinated carefully. If an intervention order is inconsistent with a federal parenting order, the intervention order is generally invalid to the extent of the inconsistency (Family Law Act 1975 (Cth) s 68Q) — unless the Magistrates' Court, when it makes or varies the intervention order, uses its power under s 68R to revive, vary, discharge or suspend the parenting order. That's why the court must be told about any existing parenting orders. I always look at intervention order matters in light of the parenting picture, not in isolation.
How I handle an intervention orders matter
- 1Urgent appointment if a hearing is imminent
- 2Honest assessment — for respondents, is contesting realistic? For applicants, is the evidence sufficient?
- 3Negotiation with police prosecutors or the other party's lawyer where possible
- 4Representation at mention hearings, directions hearings, and contested hearings
- 5Co-ordination with any parallel family law parenting matter
Frequently asked questions
Does an intervention order go on my criminal record?
An intervention order itself is a civil order, not a criminal conviction, and does not appear on your criminal record. However, a breach of an intervention order is a criminal offence and will appear on your criminal record. Intervention orders can also affect firearms licences, working with children checks, and some professional registrations.
Can I get an intervention order against an ex who lives interstate?
Yes. Victorian intervention orders are recognised across Australia under the National Domestic Violence Order Scheme. Once made in Victoria, the order is enforceable in every other state and territory.
What happens if my ex breaches an intervention order?
Breach of an intervention order is a criminal offence. Report it to police as soon as it occurs and keep a detailed contemporaneous record. Police will investigate and may charge the respondent. Repeated breaches usually result in escalating penalties.
Can the order be varied or revoked later?
Yes. Either party can apply to the Court to vary, extend or revoke an intervention order. The Court considers whether there has been a change in circumstances and whether the protected person consents.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about intervention orders in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free 30-minute consultation.