Family LawNewsIntervention Orders: What are they?

An Intervention Order (or IVO) is an Order made by the Court that protects an individual from abuse.

Intervention Orders have different names depending on the State. For example, in New South Wales these Orders are called “apprehended violence orders” and in Queensland they are called “domestic violence orders”.

There are two types of Intervention Orders:

1. A Family Violence Intervention Order (FVIO) is an IVO that protects an individual (Affected Family Member or “AFM”) from family violence (i.e. abuse that is committed by a family member).  This can be a spouse (or former spouse), a parent, grandparent or a child.
2. A Personal Safety Intervention Order (PSIO) is an IVO that protects an individual (the Protected Person) from abuse perpetrated by anyone who is not a family member.

This article focuses on FVIO’s in Victoria.

The definition of family violence is extremely broad and is outlined in the Family Violence Protection Act 2008.

Section 5 of this Act defines family violence as “behaviour by a person towards a family member of that person if that behaviour is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, or in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.” It also includes behaviour that causes a child to hear or witness or otherwise be exposed to the effects of these behaviours.

The terms of the FVIO will vary however will always include directions to the Respondent (the person who perpetrated the abuse) to refrain from committing family violence, and may include other things such as:

1. Not communicating with the AFM
2. Not coming within a certain distance of the AFM
3. Not to intentionally damage an AFM’s property, or threaten to do so
4. Not going to an AFM’s place of residence, work or school
5. To not cause a third person to do anything that the Respondent is unable to do under the Orders.

Typically, an FVIO will also contain exceptions (though not always). Such exceptions may include to attend mediation, to abide by a Family Court Order or written parenting arrangements, but only if the Respondent does not commit family violence whilst doing so.

FVIO’s will typically have an expiry (although in very limited circumstances they can be indefinite). Typically they expire within 12 months of the Final Order, however can be as little as 6 months or as long as 5 years (though these are rare).

If you or someone you know is currently dealing with an Intervention Order Matter, please contact our very experienced family law team at SLF Lawyers for assistance.