Being served with an intervention order — whether a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO) — is a serious legal event. How you respond has consequences beyond the order itself, potentially affecting your firearms licence, your employment, and your family law proceedings. Getting advice before you respond is essential.
When you are served with an intervention order application and (usually) an interim order, you have several options at the final hearing. The three main paths are: consenting to a final order without admission; giving an undertaking to the court; or contesting the application.
Consenting without admission means you agree to the order being made but do not admit that the conduct alleged occurred. This avoids a contested hearing but results in a final order being made. An undertaking is a promise to the court — rather than an order — which some respondents prefer; however, courts are not always willing to accept undertakings in family violence matters.
Contesting the application means the matter goes to a contested hearing where both parties give evidence and the court decides. This is appropriate where the allegations are denied and the consequences of an order are significant. The decision to contest requires careful assessment of the evidence and the stakes — including the impact on parenting arrangements, employment requiring a firearms licence (such as security work), and any Working With Children Check.
This is general information only — your situation is unique and you should seek legal advice promptly after being served.
You are served with the application and any interim order. Read it carefully — the interim order is already in force and breaching it is a criminal offence, even if you disagree with it.
Contact a lawyer before the first court date. The conditions of the interim order, the consequences of each response option, and the impact on your family law matter all need to be understood before you appear.
At the first court date, you indicate whether you intend to consent, contest or seek an adjournment. We appear with you, advise on the day, and manage communications with the court and the other party.
Most matters resolve by consent (with or without admission) or by undertaking. If contested, the matter is set down for a hearing with evidence from both parties before a Magistrate.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We explain your options honestly — including the real-world consequences of consenting versus contesting — before you make any decision.
Where you are willing to accept an order, we negotiate the conditions to minimise their impact on your daily life, work and family arrangements.
Where the allegations are denied and the consequences of an order are serious, we prepare and present a contested case at the Melbourne Magistrates' Court.
An intervention order can directly affect parenting proceedings and interim parenting orders. We ensure your response strategy accounts for those connections.
This depends on your circumstances — the nature of the allegations, the proposed conditions, and the potential impact on your employment, firearms licence and family law proceedings. You should never consent without first getting legal advice. This is general information only.
It means you agree to the order being made, but you are not admitting that the conduct alleged in the application actually occurred. The order is still made and is legally binding. This is general information only.
In Victoria, a person who is subject to an FVIO is prohibited from possessing, carrying or using firearms. Their firearms licence is automatically revoked and they must surrender any firearms. This can significantly affect people whose employment involves firearms. This is general information only.
An FVIO can affect interim and final parenting orders — courts take family violence findings seriously. It may also affect the conditions under which you have time with your children. It is important that your criminal/intervention order lawyer and your family lawyer are aware of each other's proceedings. This is general information only.
Yes. You have the right to contest the application at a contested hearing. The court will hear evidence from both parties. Contesting is appropriate where the allegations are denied and the consequences of an order are significant. We advise on the strength of your position. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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