What is the difference between AVOs and IVOs?

What are the grounds for an Intervention Order? 

In Victoria, a Family Violence Intervention Order can be granted based on allegations of:

• Physical acts, such as hitting or pushing
• Sexual abuse
• Emotional or psychological abuse, such as controlling who a person can see or where they can go, or calling them names
• Financial or economic abuse
• Behaviour that is threatening, coercive or in any other way controls or dominates the other person and causes them to feel fear for their safety

If a child witnesses or hears family violence, then they are also protected by the law. This includes if a child:

• Helps an abused family member
• Sees damaged property in the family home
• Is at a family violence incident when the police arrive.

Family Violence Intervention Orders can be sought by a current or former spouse or domestic partner, current or former intimate partners, current or former relatives, or a child of any of these persons, or a child that lives or has lived regularly with the relevant person.

Further, the Police can apply for an Order on behalf of any of these persons, sometimes in circumstances where this is against their wishes.

A Personal Safety Intervention Order may be granted based on allegations of:

• Assault
• Sexual assault
• Harassment
• Property damage or interference with property
• Serious threats
• Stalking

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’.

What are the conditions of intervention orders in Victoria?

In Victoria, conditions of Intervention Orders are commonly that the Respondent (the person the Order is against) must not:

• Commit family violence against the protected person,
• Intentionally damage the property of the protected person,
• Follow or keep the protected person under surveillance,
• Publish on the internet, by email or other electronic communication, any material about the Protected Person,
• 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),
• Approach or remain within a particular distance of the protected person (e.g 200m),
• Go within a particular distance of the protected person’s home or work address,
• 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 complainant.

It is important to note that breaching an Intervention Order may be a criminal offence.

How long does an IVO last in Victoria?

Depending on the seriousness of the allegations and perceived need for protection, a Court may grant an ‘interim’ Intervention Order, which is remains effective until the Application for the Order itself is finalised by the Court. This could be for several months.

Alternatively, where the Court determines that there is a need for an Order after hearing evidence, or the person against whom the Order is sought agrees to it being made, a Final Order is generally made for 12 months.

In some circumstances however, it may be deemed necessary for a Order of longer duration, or the person protected by the Order may apply to extend it before the 12 months expires.