Options once an Intervention Order has been made

26 Jul 2023 0 min read

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The below information will help you to establish whether or not an intervention order (IVO) has been made, and the options available once an IVO has been made. See How to take out an IVO if you’re looking for information for a client who has experienced family or personal violence.

How do I determine whether an IVO has been made?

If your client believes an IVO was made against them but is unsure, you can request this from the relevant Magistrates’ Court on your clients behalf (see below).

Once your client has a copy of the order, it’s important that they get legal advice to ensure they understand the full implications of the order. It is a criminal offence to breach an IVO.

If the client wants to request any changes to the IVO, you should refer them to VLA or their local community legal centre for advice. We provide more information about amending IVOs below.

Options once an IVO has been made

How do I contact the relevant Magistrates’ Court?
The relevant Magistrates’ Court is the one where the IVO was made.

If your client does not remember where the IVO was made, you can email an enquiry to: help@magistratescourt.vic.gov.au. You will need to attach consent from your client to the email if you make enquiries on their behalf. You can find the contact details for the relevant Magistrates’ Court on their website.
What should I do if there is an IVO in place?
It is important that if your client does have an IVO, they seek legal advice to understand the full implications of the order. See referral options below.
How can a client change an IVO?
Applications can be made to vary, revoke or extend IVOs.

An application must be made to the relevant Magistrates’ Court before the IVO has expired. When an IVO has expired, a new application for an IVO must be made instead.

Where the Court makes a final intervention order, there may be scope for appeal. Legal advice should be sought if clients wish to investigate that option.

Who can apply?
- A protected person or their guardian.
- A respondent with permission from a court. A court must be satisfied that there has been a change in circumstances since the IVO was made and this change justifies the variation or revocation.
- Any police officer (regardless if they were the applicant in the original IVO).
Why would a protected person apply to change an IVO?

If your client is the protected person or affected family member, they may want to change an IVO if they:
- Need more protection
- Find the conditions in the IVO difficult to manage
- Want to have contact with another person named in the IVO.
If your client is the respondent (ie, the person who the IVO is against), they may want to change the IVO if they:
- Find the conditions in the IVO difficult to manage
- Their circumstances have changed
- Want to have contact with the protected person.
How does a court decide?

When a court is making a decision about changing the IVO, it must consider all of the circumstances of a case including:
- The reasons the person is seeking the IVO
- The safety of the protected person
- What the protected person thinks about the orders being changed
- Whether the protected person is legally represented, and
- The views of any guardian of the protected person.
If the court decides not to revoke the IVO it may vary the order instead.

How to apply to change an IVO?

Your client must complete the following documents and take them to the relevant Magistrates’ Court:
- Application to extend, vary or revoke a family violence intervention order
- Affidavit of application.
Your client will then need to go to court. It is important that your client obtains legal advice before going to court. See referral options below.

There is helpful information on the Magistrates’ Court website on varying IVOs.
How can a client defend an IVO?
Your client must go to court if they do not agree with an IVO. Your client can argue against the IVO itself or any of the conditions.

Your client will need to go to court multiple times before a Magistrate decides their case.
- The first court date is called the first mention date.
- The second court date is called a further mention or directions hearing.
- The court date at which a magistrate hears evidence is called a final contested hearing.
If your client has an interim (temporary) IVO against them, the conditions of that IVO will usually continue until the date of the final contested hearing.

It is important that your client gets legal advice before going to court.

If your client does not agree with the IVO, they will need to convince a Magistrate at the final contested hearing that:
- The claims made against them are false, or
- They are not a future risk to the person needing protection.
It is important that your client organise any witnesses who can support their story at the final contested hearing.

What happens if your client does not have a lawyer?

Your client can represent themselves at court up to the final contested hearing.

A client is not allowed to cross-examine the applicant/affected family member at a contested hearing if they do not have a lawyer.

If your client cannot afford a lawyer, the Magistrate can make an order that Victoria Legal Aid assists them.

What happens if your client does not attend court?

If your client does not attend court, the hearing can go ahead without them if the court is satisfied they have been notified of the court date.

How do I contact the relevant Magistrates’ Court?

The relevant Magistrates’ Court is the one where the IVO was made.

If your client does not remember where the IVO was made, you can email an enquiry to: help@magistratescourt.vic.gov.au. You will need to attach consent from your client to the email if you make enquiries on their behalf. You can find the contact details for the relevant Magistrates’ Court on their website.

What should I do if there is an IVO in place?

It is important that if your client does have an IVO, they seek legal advice to understand the full implications of the order. See referral options below.

How can a client change an IVO?

Applications can be made to vary, revoke or extend IVOs.

An application must be made to the relevant Magistrates’ Court before the IVO has expired. When an IVO has expired, a new application for an IVO must be made instead.

Where the Court makes a final intervention order, there may be scope for appeal. Legal advice should be sought if clients wish to investigate that option.

Who can apply?

A protected person or their guardian.
A respondent with permission from a court. A court must be satisfied that there has been a change in circumstances since the IVO was made and this change justifies the variation or revocation.
Any police officer (regardless if they were the applicant in the original IVO).

Why would a protected person apply to change an IVO?

If your client is the protected person or affected family member, they may want to change an IVO if they:

Need more protection
Find the conditions in the IVO difficult to manage
Want to have contact with another person named in the IVO.

If your client is the respondent (ie, the person who the IVO is against), they may want to change the IVO if they:

Find the conditions in the IVO difficult to manage
Their circumstances have changed
Want to have contact with the protected person.

How does a court decide?

When a court is making a decision about changing the IVO, it must consider all of the circumstances of a case including:

The reasons the person is seeking the IVO
The safety of the protected person
What the protected person thinks about the orders being changed
Whether the protected person is legally represented, and
The views of any guardian of the protected person.

If the court decides not to revoke the IVO it may vary the order instead.

How to apply to change an IVO?

Your client must complete the following documents and take them to the relevant Magistrates’ Court:

Application to extend, vary or revoke a family violence intervention order
Affidavit of application.

Your client will then need to go to court. It is important that your client obtains legal advice before going to court. See referral options below.

There is helpful information on the Magistrates’ Court website on varying IVOs.

How can a client defend an IVO?

Your client must go to court if they do not agree with an IVO. Your client can argue against the IVO itself or any of the conditions.

Your client will need to go to court multiple times before a Magistrate decides their case.

The first court date is called the first mention date.
The second court date is called a further mention or directions hearing.
The court date at which a magistrate hears evidence is called a final contested hearing.

If your client has an interim (temporary) IVO against them, the conditions of that IVO will usually continue until the date of the final contested hearing.

It is important that your client gets legal advice before going to court.

If your client does not agree with the IVO, they will need to convince a Magistrate at the final contested hearing that:

The claims made against them are false, or
They are not a future risk to the person needing protection.

It is important that your client organise any witnesses who can support their story at the final contested hearing.

What happens if your client does not have a lawyer?

Your client can represent themselves at court up to the final contested hearing.

A client is not allowed to cross-examine the applicant/affected family member at a contested hearing if they do not have a lawyer.

If your client cannot afford a lawyer, the Magistrate can make an order that Victoria Legal Aid assists them.

What happens if your client does not attend court?

If your client does not attend court, the hearing can go ahead without them if the court is satisfied they have been notified of the court date.

Important:

An IVO is a civil matter. However, if your client breaks the conditions of an IVO, it becomes a criminal matter. Your client can be charged by the police with a criminal offence.