Intervention Orders: frequently asked questions

A Family Violence Intervention Order (FVIO) covers family members and intimate partners. A Personal Safety Intervention Order (PSIO) covers other relationships. Both are civil orders made by the Magistrates Court.

FVIOs are made under the Family Violence Protection Act 2008 (Vic). PSIOs are made under the Personal Safety Intervention Orders Act 2010 (Vic). The application process and grounds are similar, but FVIOs carry broader protections and mandatory police reporting obligations. A breach of either order is a criminal offence.

Breaching an intervention order is a criminal offence in Victoria. A first offence carries up to 2 years imprisonment or a fine. Subsequent offences or aggravated breaches carry greater penalties.

Under the Family Violence Protection Act 2008 (Vic), a breach of an FVIO is a criminal offence, separate from the civil order itself. The breach can arise from contacting the protected person, attending a prohibited location, or failing to comply with any other condition of the order. If you are charged with a breach, contact Sam Russo immediately.

Yes. We represent both applicants seeking protection orders and respondents defending against them. The process differs depending on which role you are in.

For applicants, Sam can advise on the grounds for an order, what evidence is required, and how to obtain an interim order. For respondents, Sam can advise on contesting the application, the implications of consenting without admissions, and negotiating conditions that minimise impact on daily life.

An intervention order is a civil protective order made by the Magistrates Court. A criminal charge is a prosecution for a specific offence. The two can arise from the same incident but follow different legal processes and carry different consequences.

An intervention order (IVO) does not result in a criminal conviction, though breaching one is itself a criminal offence under the Family Violence Protection Act 2008 (Vic) or Personal Safety Intervention Orders Act 2010 (Vic). A criminal charge, such as assault, goes through the criminal jurisdiction and can result in a conviction, fine, or imprisonment. Many matters involve both: police may apply for an IVO and also charge the respondent with assault arising from the same events.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.