Family violence matters are among the most serious and emotionally charged situations a person can face. Whether you have been served with an intervention order, charged with a criminal offence arising from a family violence allegation, or both, the consequences can be significant — for your freedom, your home, your relationships, and your employment.

Family violence intervention orders are dealt with in the Magistrates’ Court of Victoria. Associated criminal charges may be heard in the Magistrates’ Court or, for more serious matters, the County Court. At Angus Cameron and Partners, we represent clients on both sides of these proceedings — respondents and affected persons — and understand how quickly these matters move and how much is at stake.

This guide explains what family violence intervention orders and criminal charges involve, and how we can help you navigate what is often a confusing and distressing process.

What is a Family Violence Intervention Order?

A family violence intervention order — commonly called an FVIO — is a court order that places conditions on a person’s behaviour toward a family member. Orders are made in the Magistrates’ Court and can cover a wide range of conduct, including prohibiting contact with the affected family member, requiring the respondent to vacate a shared home, or restricting how close the respondent can come to certain places.

Importantly, an FVIO is a civil order, not a criminal conviction. Being made subject to one does not give you a criminal record. However, breaching the conditions of an order is a criminal offence, and that is where serious consequences can follow.

Police apply for the majority of intervention orders in Victoria — they can and regularly do so even where the affected person has not asked them to, and even where the affected person does not want one. This can come as a shock to both parties, but it is entirely within police powers under the Family Violence Protection Act 2008.

What Happens After an Order is Made?

When police apply for an FVIO, they will usually issue a Family Violence Safety Notice on the night of the incident. This notice operates immediately and places conditions on the respondent’s behaviour before any court hearing takes place. The matter is then listed in the Magistrates’ Court, typically within a short period.

At the first court date, the matter may resolve in a number of ways — the application might be withdrawn, the respondent might agree to a final order by consent, or the matter might be adjourned for a contested hearing where both sides present their evidence and a Magistrate decides whether the order should be made. We will advise you on which approach is in your best interests given your specific circumstances.

I’ve Been Named as the Respondent — What Should I Do?

If you have been served with an intervention order or a Family Violence Safety Notice, contact us as soon as possible. This is not something to leave until the first court date. The conditions of the notice or order apply immediately and a breach — even an innocent one, such as accidentally being near the protected person — can result in criminal charges.

We can help you by:

  • Reviewing the application and the conditions that have been imposed to make sure you fully understand what you can and cannot do
  • Advising you on whether to consent to a final order, seek to negotiate different conditions, or contest the making of an order altogether
  • Appearing in the Magistrates’ Court on your behalf so that you do not have to face the process alone
  • Where the matter is contested, preparing and presenting your case at the hearing, including gathering evidence and cross-examining witnesses
  • Advising you on how the FVIO may interact with any family law proceedings, parenting arrangements, or other legal matters you are involved in

What if I Have Been Charged with a Criminal Offence?

Family violence incidents often give rise to criminal charges as well as intervention order applications. Common charges include assault, criminal damage, stalking, and threatening to kill. These are dealt with as criminal matters in the Magistrates’ Court and can result in serious penalties including imprisonment.

We represent clients charged with all family violence-related criminal offences and will work with you from the earliest stages — including advising you on the police interview process, making any necessary bail application, and defending the charges through to a contested hearing if that is the right approach.

What if I Breach an Intervention Order?

Breaching the conditions of an FVIO is a criminal offence that courts take seriously. Even a relatively minor breach — such as sending a text message to a protected person — can result in arrest, criminal charges, and a real risk of imprisonment. The maximum penalty for a straightforward breach is two years’ imprisonment. Where the breach was intended to cause harm, or where multiple breaches have occurred within a short period, the penalties are significantly higher.

If you have breached or are worried about breaching the conditions of an order, contact us immediately. We can advise you on your position, represent you if you are charged, and if appropriate, make an application to vary the conditions of the order so that the risk of further breaches is reduced.

What About the Affected Family Member?

We also represent and advise people who are the subject of family violence and who need help understanding their options. This might include:

  • Understanding what conditions the police have applied for and whether additional protection is needed
  • Applying to vary or extend an existing order if circumstances change
  • Navigating a contested hearing if the respondent decides to fight the order
  • Understanding how an FVIO interacts with any family court proceedings, particularly around children and parenting arrangements
  • Making your own application

Contact Us

If you are involved in a family violence matter in any capacity — as a respondent, as an affected person, or as someone who has been charged with a criminal offence — please contact us. These matters move quickly and the earlier we are involved, the better placed we are to protect your interests and help you understand your options.

FAQs

Does having an intervention order made against me give me a criminal record?

No. A family violence intervention order is a civil order, not a criminal conviction. Being made subject to an FVIO does not in itself give you a criminal record. However, if you breach the conditions of the order, you can be charged with a criminal offence — and that can result in a criminal record. It is essential to understand and comply with your obligations under any order that is in place.

Can police apply for an intervention order even if I haven’t been charged with anything?

Yes. Police apply for the majority of intervention orders in Victoria and are entitled to do so even where no criminal charges have been laid, even where the alleged victim has not made a formal complaint, and even where the affected person does not want an order. If police have applied for an order against you, the process in the Magistrates’ Court will proceed regardless of whether you agree with the allegations.

What should I do if I have been served with a Family Violence Safety Notice?

Contact us immediately. A Family Violence Safety Notice takes effect as soon as it is served on you and imposes conditions on your behaviour before any court hearing takes place. A breach of those conditions — even an innocent one — is a criminal offence. The sooner we are involved, the better we can advise you on what you must and must not do, and prepare for the first court date.

Can I contest an intervention order?

Yes. You have the right to contest the making of an intervention order. If you do, the matter will proceed to a contested hearing in the Magistrates’ Court where both sides present evidence and a Magistrate decides whether the order should be made. Contesting an order requires careful preparation and is not something to approach without legal representation. We can assess the strength of the evidence against you and advise on whether contesting is likely to be in your best interests.

What happens if the protected person contacts me and invites me to meet them?

This is a situation that requires great care. Even if the protected person initiates contact or invites you to see them, you would still be in breach of the order if you respond (depending on the exact conditions of the order). Under Victorian law, a protected person cannot be guilty of encouraging a breach, but the respondent can still be charged for accepting an invitation that breaches the order’s conditions. Do not respond to any contact from the protected person without first speaking to us.

What are the penalties for breaching an intervention order?

Breaching the conditions of an FVIO is a criminal offence with a maximum penalty of two years’ imprisonment. Where the breach involved an intention to cause harm, or where multiple breaches have occurred within a 28-day period, the maximum penalty increases to five years’ imprisonment. Courts take breaches seriously, and even a first breach can result in a sentence of imprisonment. If you have breached an order or are at risk of doing so, contact us urgently.

How does an intervention order affect my parenting arrangements?

An intervention order can have significant implications for your ability to spend time with your children, particularly if the protected person is your former partner and the order restricts contact. The interaction between family violence law and family law is complex, and what happens in one jurisdiction can affect proceedings in the other. We work with family lawyers to ensure you receive coordinated advice so that your position is protected across both areas.

Can I apply to have an intervention order varied or revoked?

Yes, in some circumstances. To apply to vary or revoke an order, you generally need to demonstrate that there has been a significant change in circumstances since the order was made. For example, if the relationship between the parties has genuinely changed, or if the conditions of the order are causing practical difficulties that were not anticipated at the time it was made. We can advise you on whether an application is likely to succeed and represent you at the hearing.

What is the difference between a Family Violence Safety Notice and an Intervention Order?

A Family Violence Safety Notice is an immediate protective measure issued by police on the night of an incident. It operates before any court hearing and usually lasts until the first court date. An intervention order is a formal court order made by a Magistrate, which can be made by consent or after a contested hearing. A final intervention order can last for years and has more serious consequences if breached.

Can I be charged with a criminal offence and also be the subject of an intervention order at the same time?

Yes, and this is very common. A single family violence incident can give rise to both an intervention order application (a civil process) and criminal charges such as assault or threatening behaviour. The two processes run in parallel, and a decision made in one proceeding can affect the other. We manage both tracks and ensure you receive consistent, coordinated advice.

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