Restraining Orders, AVO’s, IVO’s etc. What is the difference?

The main difference between AVOs and IVOs is the state in which the terminology is used. AVO is NSW terminology, whereas in Victoria we have Family Intervention Orders (FVIO) or Personal Safety Intervention Orders (PSIO), which are collectively referred to as Intervention Orders (IVOs).

The names and terms vary from jurisdiction to jurisdiction – in America, these types of orders are often called Restraining Orders.

In Victoria, conditions of Intervention Orders are commonly that the Respondent must not:

  1. Commit family violence against the protected person,
  2. Intentionally damage the property of the protected person,
  3. Follow or keep the protected person under surveillance,
  4. Publish on the internet, by email or other electronic communication, any material about the Protected Person,
  5. Contact or communicate with the protected person (though there are often certain circumstances or reasons allowed by the Court for which the parties can communicate, or through their respective lawyers),
  6. Approach or remain within a particular distance of the protected person (e.g 200m),
  7. Go within a particular distance of the protected person’s home or work address,
  8. Get any other person to do anything that the respondent themselves must not do under the order.

Where someone has made allegations to the Police regarding a criminal offence, it is common for the Police to seek an Intervention Order on behalf of the victim.

It is important to remember that even if the person applying for the Intervention Order has displayed aggressive or abusive behaviour towards the respondent themselves, this is not necessarily a reason for the Order not to be granted. Rather, it may provide grounds for the respondent to seek their own Order against the Applicant. Where both parties obtain orders against the other, this is commonly referred to as having ‘cross-orders’.

When should you speak with a criminal lawyer?

If you are the Respondent in an Application for an Intervention Order, then you should arrange to speak with a Melbourne criminal lawyer for advice as to what options are available to you, and what is be the best course of action in dealing with the application.

Call us on 03 9034 7351 for a free case assessment if you or someone you know needs advice regarding Intervention Orders.

Tom Isaacs

Tom Isaacs

Bachelor of Laws with Honours - LLB(Hons)

Tom has been part of the firm for the past 10 years, working initially as a law clerk and now as a fully qualified Solicitor. He completed his Bachelor of Laws with Honours at Deakin University, and undertook his legal training at the Leo Cussen Insititute where he was president of his class. Tom appears regularly at Magistrates' Courts, both metropolitan and in regional Victoria.