Representation for applicants and respondents across FVIO and PSIO proceedings at all stages of the process.
Every intervention order matter is handled personally by Sam Russo.
IVO lawyer Melbourne and intervention order lawyer Melbourne: representing both applicants and respondents.
An intervention order (IVO) is a civil protective order made by the Magistrates Court of Victoria. There are two types: Family Violence Intervention Orders (FVIOs) governed by the Family Violence Protection Act 2008 (Vic), and Personal Safety Intervention Orders (PSIOs) governed by the Personal Safety Intervention Orders Act 2010 (Vic). FVIOs apply between family members, including current and former partners, parents, children, and other relatives. PSIOs apply between non-family members, such as neighbours, colleagues, or acquaintances.
An IVO can impose significant restrictions on your daily life: where you can go, who you can contact, and how you behave around the protected person. Conditions may include prohibitions on attending specified premises, contacting the protected person by any means, or approaching within a specified distance. These restrictions apply immediately once an interim order is made, before any contested hearing takes place.
The consequences of having an order made against you extend well beyond the immediate restrictions. An IVO can affect your employment in regulated industries, your access to your own home, your arrangements for seeing your children, your firearms licence, and your ability to travel to certain locations. In family law proceedings, the existence of an IVO is a relevant consideration. These practical consequences make it important to obtain legal advice before the first court date, not after.
An interim IVO is typically made on the same day that an application is filed, without the respondent being present (called ex parte). This means the first you may know of an application is when you are served with an order that already has legal force. The order will set out the conditions and the date of the next court hearing, at which you have the opportunity to be heard.
Breaching an IVO, even if you believe the conditions are unreasonable or the application was made on false grounds, is a criminal offence under both the Family Violence Protection Act 2008 (Vic) and the Personal Safety Intervention Orders Act 2010 (Vic). Conviction for a breach can result in significant penalties including imprisonment. For this reason, you must comply with the order as stated while you contest it through the court process.
For respondents, the most important thing to understand is that contesting an application or seeking different conditions does not mean breaching the order. You comply with the order as made and simultaneously seek legal advice about your options at the next court date. Sam Russo has extensive experience representing respondents in IVO proceedings across the Magistrates Courts of Victoria, including Melbourne, Dandenong, Ringwood, and Frankston.
Our Melbourne intervention order lawyers focus on three primary pathways to resolve your matter.
Best when speed matters and risk is low
If the allegations against you are false, exaggerated, or do not meet the legal threshold for family violence, we can contest the order. We will represent you at a contested hearing, cross-examining the applicant and presenting evidence to have the application refused or dismissed.
Best when facts are complex or disputed
You agree to the order being made, but you do not admit to the allegations. This avoids the stress and cost of a trial while ensuring you are not legally branded as having committed the alleged acts. If taking this path, it is essential that you understand the nature and effect of the orders made.
Best when outcome must be robustly defended
In some cases, we may be able to negotiate for the application to be withdrawn in exchange for a formal undertaking to the court. This is a private promise to keep the peace, not a court order, meaning it carries less severe long-term consequences while still satisfying the court safety concerns.
Police or an individual files an application for an IVO. An interim order may be made immediately. Contact Sam as soon as you become aware of the application.
The matter comes before the Magistrates Court. Sam advises on the interim order conditions, the strength of the application, and whether to contest, consent, or seek undertakings.
Sam negotiates with the applicant or police prosecutor on the conditions, duration, and form of any order. For contested matters, a hearing date is set and evidence is exchanged.
The matter is resolved: the application is dismissed, a consent order is made (without admission if appropriate), formal undertakings are accepted, or a final order is made after a contested hearing.
Working with Russo Lawyers
Direct principal access
Sam Russo runs every file
Free initial consultation
No obligation, no time limit
Same-day response
Including after hours by mobile
Level 19, 263 William Street, Melbourne CBD
These are the questions our clients ask most often. Nothing too basic. Nothing off-limits.
Time-sensitive?
Do not wait. Early legal advice significantly changes outcomes in criminal matters. Call Sam directly on (03) 7040 9825 for a same-day response.
A Family Violence Intervention Order (FVIO) applies to family members and is made under the Family Violence Protection Act 2008 (Vic). A Personal Safety Intervention Order (PSIO) applies between non-family members and is made under the Personal Safety Intervention Orders Act 2010 (Vic).
The distinction matters because the legal test for making an order is different under each Act. The FVIO Act has a broader definition of family violence and a lower threshold for making an interim order. If you are unsure which Act applies to your circumstances, Sam will advise you at the initial consultation.
No. An IVO is a civil protective order. It does not result in a criminal conviction and does not appear on a criminal history check. However, breaching an IVO is a criminal offence that can result in a conviction.
An IVO can still have significant practical consequences: it may affect your employment (particularly in regulated industries), your accommodation, your ability to see your children, and your right to possess a firearm licence. Sam will explain the full consequences of any proposed order before you agree to it.
At the first court date (the mention), the Magistrate will determine how the matter proceeds. You can contest the application, seek to negotiate conditions, or consent to an order without admission. Sam will advise on the best approach for your circumstances before that date.
If you are not represented at the first mention, you may be given an adjournment to obtain legal advice. However, the interim order remains in force during any adjournment. Early legal advice, before the first court date, gives you the best opportunity to influence how the matter proceeds from the outset.
Yes. Consenting to an IVO without admission is a common resolution. You agree to the order being made but you do not admit that the conduct alleged against you occurred. This avoids a contested hearing while ensuring you are not legally found to have committed the alleged acts.
Consent without admission is recorded in the court file. It is important to understand the conditions of any order before you consent to it, as breaching those conditions is a criminal offence regardless of whether you admitted the underlying conduct. Sam will review the proposed conditions and advise on whether they are appropriate before you consent.
A contested hearing is where you challenge the application and present evidence to the court. The applicant (or police) must prove on the balance of probabilities that an IVO is warranted. You have the right to cross-examine the applicant and call your own witnesses.
Contested hearings require thorough preparation: witness statements, documents, and evidence must be compiled and exchanged in advance. Sam will manage the preparation, represent you at the hearing, and cross-examine the applicant and any supporting witnesses. The standard of proof (balance of probabilities) is lower than in criminal proceedings, which makes rigorous preparation and cross-examination particularly important.
Contact Sam immediately. A breach of an IVO is a criminal offence that can result in a conviction, a fine, a community correction order, or imprisonment. The penalties increase for repeat or aggravated breaches. Legal advice before your first court date is essential.
Defences to a breach charge include that you were not served with the order and had no knowledge of its conditions, that the alleged breach did not occur, or that contact was initiated by the protected person (though this is not a complete defence in all circumstances). Sam will review the circumstances and advise on available defences and the best approach for your matter.
Sam appears regularly at Magistrates' Courts across Melbourne and regional Victoria. Pick the suburb closest to where the matter will be heard for court-specific guidance.
Free initial consultation. Same-day response to all matters.
Same-day response to all matters. Confidential consultation, no obligation.
Same-day response to all matters
samuel@russolaw.com.au