What are Intervention Orders in Australia
Intervention orders in Australia are legal protection orders designed to prevent family violence and abuse. Though named differently across states, court enforced orders restrict an alleged abuser’s behavior towards the protected person. They typically prevent the respondent from approaching, contacting, or intimidating the protected person and their family members. These orders can cover physical, emotional, psychological, sexual, and financial abuse, making them a crucial tool for protecting vulnerable Australians from family violence
Domestic and family violence is a terrible fact of Australian life, affecting many thousands of people every year.
The type of harmful behaviour that can be encompassed by this sort of violence includes:
- physical intimidation of one person by another
- hitting or pushing them
- sexual and emotional abuse
- psychological abuse
- financial abuse
Controlling or coercing behaviour – restricting who another person communicates with, humiliating and belittling them, and determining how, when and where they spend money are all species of domestic and family violence.
Family members to whom this type of order can apply include spouses, siblings, children, parents, grandparents, step-children, relatives and others who are in intimate or family-type relationships.
The effects of this sort of behaviour, particularly where children are present and witness it, can harm the family members involved for the rest of their lives.
Protective Orders
One way police and courts try to both pre-empt and prevent these forms of abuse is through protective orders, which go by different titles in Australia’s states and territories. These legally enforceable court orders seek to provide a person, their family and their property with protection from a person who is, or they believe will, commit acts of violence towards them.
In Victoria, these orders are known as Family Violence Intervention Orders (FVIOs). South Australia also refers to them as Intervention Orders (IOs).
In other jurisdictions of Australia, protective orders are referred to as:
- A Domestic Violence Order (DVO) in Queensland
- an Apprehended Violence Order (AVO) in NSW;
- a Family Violence Restraining Order (FVRO) in Western Australia;
- a Family Violence Order (FVO) or Police Family Violence Order (PVFO) in Tasmania;
- a Domestic Violence Protection Order (DVO) in the ACT, and;
- a Domestic Violence Protection Order (DVO) in the Northern Territory.
Navigating Different Protection Orders
Understanding IVOs (Intervention Violence Orders)
- Used primarily in Victoria
- Focuses on family violence
- Covers intimate relationships
- Includes economic abuse
- Protects affected family members
Understanding AVOs (Apprehended Violence Orders)
- Common in NSW
- Two distinct types
- Broader protection scope
- Can include non-family members
- Addresses immediate safety concerns
Understanding DVOs (Domestic Violence Orders)
- Queensland terminology
- Specific to domestic relationships
- Covers cohabitation situations
- Includes children’s protection
- Addresses family safety
Intervention Order Mediation Process
Mediation offers a powerful alternative for resolving intervention order matters, providing a secure and structured environment where both parties can communicate effectively. Our expert mediators facilitate constructive discussions that lead to practical, lasting solutions while significantly reducing both emotional and financial costs. Through mediation, you can often achieve faster resolutions than through court proceedings, with outcomes that both parties have actively shaped. This approach helps maintain dignity and control over the process, particularly valuable in sensitive family matters involving intervention orders. The mediation pathway also allows for more flexible and nuanced solutions that court orders might not accommodate, while ensuring all parties feel heard and respected throughout the process.
By choosing mediation, you can achieve significant cost effective outcomes while addressing complex issues with dignity and respect.
How Mediations Australia Can Help with Intervention Orders
At Mediations Australia, we understand the complexities and sensitivities surrounding intervention orders, offering a comprehensive and understanding approach through both mediation and legal pathways. Our nationally accredited mediators create a secure environment where parties can work toward practical solutions, often achieving faster and a much more cost effective outcome than traditional court proceedings. When mediation isn’t suitable, our experienced family lawyers step in with specialized legal expertise in intervention orders across all Australian jurisdictions. This dual expertise allows us to tailor our approach to your specific situation – whether that means skilled mediation to reach workable agreements, or strong legal representation to protect your interests. Our team has helped countless families confront intervention order matters, from initial applications to managing existing orders, particularly in cases involving children or complex family dynamics. We pride ourselves on offering clear, practical guidance while ensuring you understand all your options, whether through mediation or legal channels.
Frequently Asked Questions
What is the difference between IVO and AVO?
IVOs (Intervention Violence Orders) are primarily used in Victoria for family violence matters, while AVOs (Apprehended Violence Orders) are NSW-based orders that can cover both domestic and personal violence situations. At Mediations Australia, we help clients understand which order best suits their circumstances.
What is the difference between AVO and DVO?
AVOs are New South Wales orders with two categories (domestic and personal), while DVOs (Domestic Violence Orders) are Queensland-specific orders focusing exclusively on domestic relationships. Our mediators can explain the relevant protections in your state.
What is an example of a breach of intervention order?
Common breaches include:
- Unauthorized contact (calls, texts, emails)
- Coming within restricted distance
- Using social media to communicate
- Sending messages through third parties
- Attending prohibited locations
What are the two types of AVO?
- Apprehended Domestic Violence Orders (ADVO):
- For family or intimate relationships
- Covers current/former partners
- Includes relatives and caregivers
- Apprehended Personal Violence Orders (APVO):
- For non-family relationships
- Covers neighbors, colleagues
- Addresses stalking/intimidation
Does an AVO go on your criminal record?
An AVO itself is not a criminal charge and won’t appear on your criminal record. However, breaching an AVO is a criminal offense and will result in a criminal record. Our mediation services help establish workable arrangements to prevent breaches.
How do Family Violence Intervention Orders Work?
Family Violence Intervention Orders (FVIOs) are legal documents designed to protect individuals from family violence. Here’s how they work:
Application Process
Online applications are available in most states, you can apply through police or Magistrates Court, no court appearance needed for initial application and is a free service.
Required Information
- Respondent’s details (name, address)
- Details of threatening behavior
- Evidence of risk
- Children’s information if applicable
Court Process
An interim order can be issued immediately, requiring the respondent to receive a court summons. A final hearing will be scheduled, and protection measures can be put in place, even if the respondent fails to attend the hearing.
When Orders are Granted
Orders are issued when:
- Family violence has occurred
- Risk of reoccurrence exists
- Applicant fears for safety
How does an FVIO work once the order is made?
The order will set out conditions that the respondent must strictly observe. Failure to do so is a criminal offence and the police may arrest and charge the respondent.
Some protective orders include standard conditions but the application can specify certain other conditions in seeking protection from the respondent.
Most commonly, conditions in an FVIO or other protective order will prevent the respondent from:
- Approaching or remaining within a certain distance of the protected person;
- attempt to locate, follow or surveil the protected person;
- contact or communicate with the protected person by any means;
- damage the protected person’s property, including things that are jointly owned by the protected person and respondent, such as pets;
- send an email or post on social media or other electronic communication any material about the protected person;
- get another person to do anything the respondent must not do under the order.
The applicant can also request their personal property, or that of a family member, be returned to them, and that jointly owned property the protected person relies on upon (such as a car) be returned.
A respondent may also be provided with an opportunity to retrieve personal property from a home of the respondent, most likely under police supervision.
The respondent may also be required to hand in any firearms or weapons to the police and have any weapons licences cancelled.
The FVIO is in effect until it expires or is cancelled by a magistrate.
What happens if there are also parenting orders in place?
In making an intervention order a magistrate can change, vary or suspend an existing Federal Circuit and Family Court of Australia (FCFCOA) parenting order if there is a risk of domestic or family violence.
The court must carefully consider any inconsistency between the making of intervention orders and parenting orders, balanced against the risk of family violence.
If intervention orders are in place when parents make an application for parenting orders, the FCFCOA may make orders that override the protection orders. This will usually be done to allow handover of children or so that the applicant and the respondent can attend family dispute resolution, counselling or a court proceeding.
A family dispute resolution practitioner may advise that compulsory mediation between parents prior to applying to the court for parenting orders, required by Australia’s Family Law Act, is not appropriate in the particular family situation.
Alternatively, if there is a protection order in place, an exception may be made to its conditions to allow mediation between the applicant and respondent to take place about the living arrangements for the children.
If an intervention order is in place, the FCFCOA must be told about the order when parenting orders are applied for because its existence may affect the substance of the orders the Court makes about a child spending time with a parent or another person.
The importance of good legal advice
The need for an FVIO or other protection orders can make an already complicated family situation even more complex.
Particularly where a couple or ex-couple have parenting orders in place or are seeking orders about where the children from the relationship live and how they are raised, the introduction of protective orders restricting one parent from interacting with the other can have a terrible effect on the children.
Mediations Australia offers expert legal practitioners to advise people who find themselves in this difficult circumstance. We have a team of family lawyers and mediators who can assist you in Gold Coast, Brisbane, Canberra, Perth, Adelaide, Melbourne, Sydney, and all other locations in Australia. We also do international family law matters.
