- What is an IVO?
- Common Myths about IVOs
- What to do if you receive or want to apply for an IVO
What is an IVO?
Intervention Orders, commonly known as IVOs, are Court Orders that can be applied for by one party (the applicant) against another (the respondent). They contain rules about how the respondent can behave towards the applicant or affected person which if breached can result in very severe penalties including imprisonment for 24 months and a $37,310.40 fine.
There are two kinds of IVOs:
- Family Violence Intervention Orders (FVIOs) under the Family Violence Protection Act 2008 (Vic) protect children and adults experiencing family violence from close partners or family members.
- Personal Safety Intervention Orders (PSIOs) under the Personal Safety Intervention Orders Act 2010 (Vic) protect victims outside the familial context.
An IVO can be applied for by affected persons, or a police officer on their behalf, if a person has done any of the following and is likely to do so again:
- Harassed
- Behaved in an offensive manner
- Assaulted or threatened to assault
- Emotionally or psychologically abused
- Damaged or threatened to damage property or pets
This means that even if the affected person does not want the Order made, the Police have the power to apply for an IVO if they believe that one of the above has occurred.
Common Myths about IVOs
Fact: Due to the widespread applicability of IVOs, they have gained a reputation as a cheap way of getting back at an ex-partner. Instead, IVOs are an important court mechanism to help protect vulnerable people from harmful behaviour. IVOs can restrict movement and behaviour in a number of ways — so before you apply for one, consider the serious potential ramifications on your own life and the respondent's.
Fact: IVOs are extremely common and increasing each year. Last year there were over 100,000 IVO applications in Victoria — an increase of more than 25,000 in the past five years. The chances are that someone you know has been affected by an IVO.
Fact: IVOs are widespread and affect people of all ages and genders. In 2021–22, it was found that 25,228 FVIO Protected Persons and 10,440 Respondents were males. The Court does not discriminate when making an IVO.
Fact: IVOs do not just affect the applicant and the respondent. They have a significant impact on third parties including teachers and family members who can become indirectly involved. IVOs can also make it very difficult for grandparents and other family members to have access to children. It is important to consider the widespread effects of an IVO.
Fact: Once an IVO has been granted by a Magistrate, it can be extremely difficult to remove. To revoke an IVO, you will need to go to court, and the outcome will be at the discretion of a Magistrate — even if both parties have reconciled. Victoria Police recorded over 26,000 breaches of PSIOs in 2021–22, which can result in jail time for the respondent.
What to Do if You Receive or Want to Apply for an IVO
IVOs can be an effective way to protect you and your family from someone causing you harm. However, receiving one can be a confusing experience. Kingston Lawyers are the experts in IVOs and have successfully pursued favourable outcomes for both applicants and respondents. We can ensure that your rights are protected.