IVO Lawyers Melbourne
Applying for an intervention order, or been served with one? Our IVO lawyers act for applicants and respondents, and we will tell you what an order means for your family law matter before you agree to anything.
In Victoria, family violence intervention orders (IVOs) are made by the Magistrates’ Court under the Family Violence Protection Act 2008. An order can stop a person contacting, approaching or living with a protected person, and breaching it is a criminal offence. Personal safety intervention orders cover people who are not family members, such as neighbours or colleagues.
We act in private applications and police applications, including those that start with a family violence safety notice, and in cross-applications where both parties seek orders against each other.
Move forward with clarity and confidence.
Think Before You Consent
Many respondents are told it is easiest to consent to an order “without admissions” and move on. Consenting without admissions means you do not admit the allegations, but the order is still made, with all of its conditions and consequences. We always advise people to think carefully before they do it.
An IVO can affect your family law matter, your personal life and sometimes your employment. Our director, Hayder Shkara, has spoken widely in the media and published a lot of content about the consequences of consenting to an IVO. Get advice before your first court date.
An intervention order is never just a formality. Before you agree to one, you need to understand what it means for your children, your work and your family law case.
Giuseppe RubinoSenior Associate, Melbourne Family LawyersExperienced IVO Lawyers in Melbourne
We act for both applicants and respondents, in matters including:
- Private applications
- Police applications
- Cross-applications
- Defending an IVO
- Varying or revoking an order
- IVOs and parenting matters
What an IVO Can Affect
An intervention order is a civil order, not a criminal conviction, but its consequences can reach well beyond the order itself:
Time with your children
Your property settlement
Your employment
Firearms licences
Where you can live
Depending on your situation, an order may also be relevant to some licences, visas or professional registrations. These consequences are why we look at the whole picture before you consent, contest or negotiate.
When an IVO is used for leverage
Most applications are made for genuine safety reasons, and we take them seriously whichever side we act for. Occasionally, an application is used to gain an advantage in a family law dispute.
In one matter, an IVO application was running at the same time as family law property proceedings. The applicant was trying to establish the IVO to get a larger share of the property. We were able to have the IVO thrown out.
IVOs and Your Family Law Matter
An IVO can have a real effect on a parenting or property case running at the same time. In a parenting matter, it can mean you do not get time with your children. When we advise you on an IVO, we consider:
- Whether the children are named on the order
- What the conditions allow, including contact through lawyers
- Exceptions for family law orders and mediation
- How the order affects where you live and your property
- Whether a family court order may change the IVO
- What evidence you need if the matter is contested
Family law courts consider family violence when deciding what is in a child’s best interests, and they can make parenting orders that change how an IVO operates. Getting the two matters working together is a large part of what we do.
If you need protection, you can apply at the Magistrates’ Court, or the police can apply for you. The court can make an interim order quickly if there is an immediate risk. We help you with:
- Preparing your application
- Asking for the right conditions
- Including your children where needed
- Representing you at court
If you are in immediate danger, call 000.
If you have been served with an application or a safety notice, you have options: consenting with or without admissions, negotiating the conditions, or contesting the application at a hearing. Each has consequences, and the right choice depends on the allegations, the evidence and any family law matter. Do not sign or agree to anything at court before you have had advice.
Circumstances change. Either party can apply to the court to vary the conditions of an order, extend it or revoke it. We also advise on alleged breaches, which are criminal matters, and on how an existing order fits with new parenting arrangements.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
What is an IVO in Victoria?
A family violence intervention order is a court order made by the Magistrates’ Court to protect a person from family violence. It sets conditions the respondent must follow, and breaching it is a criminal offence.
Should I consent to an IVO without admissions?
Think carefully first. You do not admit the allegations, but the order is still made and can affect your family law matter, your time with your children and sometimes your employment. Get advice before you agree.
Does an IVO give me a criminal record?
No. An IVO is a civil order, not a criminal conviction. Breaching an IVO is a criminal offence, and can lead to charges.
Can an IVO stop me seeing my children?
It can. If the children are named on the order, or the conditions prevent contact, it can affect your time with them, and the family courts consider family violence in parenting decisions.
What is a cross-application?
A cross-application is where both parties apply for intervention orders against each other. Each application is decided on its own evidence, and how the matters are run can affect any family law case.
Can a police IVO be withdrawn?
Only the police can withdraw a police application. The protected person cannot simply withdraw it, although their views are taken into account.
How long does an IVO last?
The court decides how long a final order lasts. Either party can apply to extend, vary or revoke it.