Been Served With An Intervention Order? Speak To Our Experienced IVO Lawyers Today
Being served with an intervention order can feel overwhelming, especially when conditions are imposed immediately, before you’ve had any opportunity to tell your side of the story.
Josh Smith Legal helps people respond to, contest, and navigate intervention order matters across Victoria. Whether you want to challenge the order, limit its conditions, or simply understand your rights, we can help.
What You’re Facing
There are two types of intervention order in Victoria:
- A Family Violence Intervention Order, which applies to partners, ex-partners and family members
- A Personal Safety Intervention Order, which applies to neighbours, colleagues and acquaintances
Most matters move through two stages. An interim order may be made early, often without notice to you, to cover the period until the case is decided. A final order may then be made after a contested hearing, by consent, or where the application isn’t opposed. You can get advice about challenging an interim order and about contesting whether a final order should be made, or what conditions it should carry.
What Conditions Can An Order Include?
An intervention order can prevent you from:
- Coming within a specified distance of the protected person’s home, workplace or school
- Contacting the protected person by any means, including phone, text, email and social media
- Possessing firearms or weapons
Conditions vary case by case. We argue for conditions that are reasonable and proportionate to the circumstances. Family violence orders are made under the Family Violence Protection Act 2008, personal safety orders under the Personal Safety Intervention Orders Act 2010.
Breaching a family violence intervention order can carry up to two years’ imprisonment. There is also a separate persistent-breach offence, which police have to prove extra things for, carrying up to five years. This applies even if the protected person invites the contact. Do not breach any condition. Seek legal advice instead.
Been Served With An Order?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Can You Contest An Intervention Order?
Yes, and many people do so successfully. You have the right to contest the order, its conditions, or its duration. At a contested hearing the court hears evidence from both sides.
Josh Smith Legal has contested intervention orders that were dismissed entirely, and others that were significantly reduced in scope. The key is careful preparation and effective cross-examination of the applicant. Not every order can be defeated, and where an order is likely to be made anyway, the conditions are usually the more productive fight. Where criminal charges run alongside the order, see our domestic violence lawyers.
Act Quickly
If you’ve been served with an intervention order, the time between service and your first court date is critical. This is when your lawyer needs to be preparing your response, gathering evidence, and advising on your best course of action.
Don’t wait until the day before court. Call Josh Smith Legal immediately on 03 8658 5872.
Why Choose Josh Smith Legal?
We’ve helped clients navigate intervention order matters across Victoria. Here’s what sets us apart.
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Experienced In Contesting And Responding To Orders
We’ve successfully contested intervention orders in the Magistrates’ Court, achieving full dismissals and significant reductions in scope. We know how to prepare your evidence and cross-examine the relevant witnesses effectively.
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We’re Available When You Need Us Most
24/7, 365 days a year. Orders are often served at night or on weekends. We’re available around the clock so you can get immediate advice on what the order means, what you can and cannot do, and what happens next.
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We Handle Both The Order And Any Related Charges
Intervention orders often run alongside criminal charges. We handle both simultaneously, so your approach to the order doesn’t undermine your criminal defence, or the other way around. Our 4.9-star rating from over 200 Google reviews.
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We Work To Keep Conditions Proportionate
Even where an order is going to be made, its conditions are not fixed. Exclusion zones, contact rules and duration are all arguable, and they’re what actually determine how the order affects your daily life.
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Free Case Evaluation
Call us and we’ll explain exactly what the order means for your day-to-day life, what your options are, and what a realistic outcome looks like. No legal jargon. No obligation.
Worried About What You Can And Can’t Do?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Served With An Intervention Order? Let Us Help You Get The Best Possible Outcome
An intervention order can turn your life upside down, restricting where you go, who you speak to, and in some cases affecting your access to your children or your home.
We’ll help you understand your rights, prepare a proper response, and fight for an outcome that is fair and proportionate to your circumstances.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
What is the difference between an interim and a final order?
An interim order is a temporary order that can be made early, often without notice to you, to cover the period while the application is on foot. A final order may be made after a contested hearing, by consent, or where the application is not opposed. An interim order can be challenged at the next court date.
Will an intervention order appear on my criminal record?
An order itself is not a criminal conviction and does not appear on a standard criminal record. However, a breach of an order is a criminal offence and will appear if you are convicted. An order may also affect certain background checks, including a Working With Children Check.
I’ve just been served. What do I do?
Do not contact the protected person, even to discuss or dispute the order. Do not breach any condition. Contact us immediately so we can prepare your response before the next court date.
How long does a final order last?
A final order can last for any period the court considers necessary, including indefinitely. The duration is something your lawyer can make submissions about, and it is worth arguing properly.
This page is general information about intervention orders in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
