Each state and territory has different legislation governing protection orders. The term AVO, which stands for Apprehended Violence Order, is a protection order specific to New South Wales. The Victorian legal system uses intervention orders to provide protection from family violence and personal safety threats. The legislation, application process, and court procedures are distinct from those in New South Wales.
An intervention order can restrict where you live, who you contact, and whether you can hold a firearms licence or remain in certain employment. This article explains how these orders work, who can apply, what conditions they impose, and what happens when one is breached. If you’ve been served with one, an intervention order lawyer in Melbourne can help you understand your rights and options.
What Is the Victorian Equivalent of an AVO?
The Victorian equivalents are Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs).
FVIOs are made under the Family Violence Protection Act 2008 (Vic). PSIOs are made under the Personal Safety Intervention Orders Act 2010 (Vic). Both are court orders issued by a magistrate.
Types of Intervention Orders in Victoria
Victoria has two types of intervention orders, each governed by separate legislation. Both orders are applied for and heard in the Magistrates’ Court, and both carry enforceable conditions. Breaching either type is a criminal offence.
Family Violence Intervention Orders (FVIOs)
An FVIO protects a person experiencing family violence from a family member. Under section 5 of the Family Violence Protection Act 2008 (Vic), family violence includes physical violence, sexual violence, psychological abuse, emotional abuse, financial abuse, and threatening or coercive behaviour. Behaviour may constitute family violence even if it would not constitute a criminal offence.
The definition of family member covers domestic partners, former partners, people in an intimate personal relationship, parents, children, and other relatives. Children exposed to family violence are also recognised as affected family members under the Act.
Personal Safety Intervention Orders (PSIOs)
A PSIO protects a person from harmful conduct by someone who is not a family member. This includes neighbours, acquaintances, co-workers, and strangers. PSIOs are governed by the Personal Safety Intervention Orders Act 2010 (Vic) and address conduct such as stalking, harassment, assault, property damage, and serious threats.
Which Order Applies to Your Situation?
The determining factor is the relationship between the affected person and the respondent. If the parties are or were family members, domestic partners, or in an intimate personal relationship, an FVIO applies. If there is no family connection, a PSIO is the appropriate order.
How to Get an AVO in Victoria
The application process differs depending on whether you apply directly or whether Victoria Police applies on your behalf. In both cases, the court assesses the application and determines whether to grant an interim order or list the matter for a hearing.
Who Can Apply for an Intervention Order?
The affected person can apply at any Magistrates’ Court in Victoria. Victoria Police can also apply on behalf of an affected family member. Police are required to take action where they believe family violence has occurred. A parent or guardian can apply on behalf of a child. A police officer can also issue a Family Violence Safety Notice for immediate protection before a court application is heard.
How to Lodge an Application
Applications are lodged at the Magistrates’ Court registry. Court staff can assist with the forms and the application process. For FVIOs, the application is made under the Family Violence Protection Act 2008 (Vic). For PSIOs, the relevant form is available under the Personal Safety Intervention Orders Act 2010 (Vic). You do not need legal support to lodge an application, but working with a professional can help with preparing the material.
What Happens After You Apply?
The court reviews the application and may grant an interim intervention order to provide immediate protection. The respondent is then served with the application and any interim order, and a court date is set. If the court does not grant an interim order, the matter proceeds directly to a hearing.
Court Hearings and Interim Orders
At the court hearing, the magistrate considers the evidence and determines whether to make a final order. If the respondent does not attend court, the order may be made in their absence. If the matter is contested, both parties can present evidence and make submissions. The court decides whether the order is necessary based on the material before it.
How Long Does an AVO Last in Victoria?
The duration of an intervention order depends on whether it is an interim or final order. Only a magistrate can extend, vary, or cancel an intervention order once it is in force.
Duration of Interim Orders
An interim intervention order remains in force until the matter is heard and a final order is made or the application is dismissed. There is no fixed timeframe. The duration depends on how long it takes for the matter to reach a contested hearing or be resolved by consent.
Duration of Final Intervention Orders
A final order is commonly made for 12 months, though the magistrate may impose a longer period depending on the circumstances. Some orders are made without an end date. These indefinite orders remain in force until the court cancels them on application by either party.
Can an Order Be Extended, Changed, or Cancelled?
An applicant or protected person can apply to the court to extend, vary, or revoke an intervention order. A respondent must first obtain leave of the court before making such an application. The court considers whether the circumstances have changed and whether the order remains necessary for the protection of the affected person.
What Conditions Can an Intervention Order Include?
The conditions attached to an intervention order depend on the circumstances and the level of risk to the protected person. A magistrate determines the specific conditions.
Restrictions on Contact
An order can prohibit the respondent from contacting the protected person directly or through another person. This includes face-to-face contact, phone calls, and any form of indirect communication. Contact restrictions are the most common condition imposed. The respondent must comply with these conditions even if the protected person initiates contact. Only a court can vary the order.
Exclusion From Certain Locations
A respondent may be excluded from the protected person’s home, workplace, school, or any other location specified in the order. Exclusion conditions can apply even where the respondent has a legal interest in the property, including jointly owned property. The Family Violence Protection Act 2008 (Vic) includes a presumption in favour of excluding the respondent from the family home where necessary.
Communication and Online Contact Restrictions
The order can restrict the respondent from contacting the protected person through text messages, emails, social media, or any other electronic means. Publishing abusive messages or material about the protected person online can also be prohibited under the conditions of the order.
Other Protective Conditions
Other conditions may include restrictions on damaging someone’s property, surrendering firearms or weapons, and prohibitions on conduct directed at children listed on the order. Children exposed to family violence are recognised under the Family Violence Protection Act 2008 (Vic) and can be named as protected individuals on an FVIO.
What Evidence Do You Need for an Intervention Order?
The court considers all relevant evidence when deciding whether to make an intervention order. The standard of proof is the balance of probabilities, which is lower than the criminal standard of beyond reasonable doubt.
Witness Statements
Statements from people who witnessed the violence, threats, or harmful behaviour can support an application. A witness statement should set out specific incidents with dates, times, and details of what occurred.
Police Reports
Police records documenting attendance at family violence incidents, charges laid, and any prior safety notices or orders provide an established factual history. These records are routinely relied on by the court when assessing an intervention order application.
Medical Records
Medical records can document physical injuries resulting from family violence incidents. Hospital attendance records, GP notes, and specialist reports linking injuries to reported incidents help the court assess the severity and pattern of the conduct.
Text Messages, Emails and Social Media
Electronic communications that demonstrate ongoing intimidation, threats, or harassment are relevant evidence. Screenshots should be preserved with dates and context intact. Courts regularly consider text messages, emails, and social media posts in intervention order proceedings.
Photographs and Other Evidence
Photographs of injuries or property damage can help establish a pattern of harmful behaviour. Other evidence may include recordings, CCTV footage, and documents that support the allegations in the application. Making a false statement in any application is a serious matter and can undermine the credibility of the case, regardless of which party files it.
What Happens if an Intervention Order Is Breached?
Breaching an intervention order is a criminal offence in Victoria. Under section 123 of the Family Violence Protection Act 2008 (Vic), contravening the conditions of an FVIO without reasonable excuse is a criminal charge dealt with separately from the original order. The same applies to breaching a PSIO under section 100 of the Personal Safety Intervention Orders Act 2010 (Vic).
A breach does not require physical violence; any failure to comply with the conditions of the order is sufficient. Victoria Police treat alleged breaches seriously and can arrest the respondent without a warrant.
Police Powers
Victoria Police can arrest a person without a warrant where they believe a breach has occurred. Police can also apply for a warrant if the respondent is not present. Once arrested, the respondent may be held in custody or released on bail with conditions pending their court appearance.
Criminal Consequences
A breach results in criminal charges. The respondent must attend court to answer the charge. A conviction for breaching an intervention order creates a criminal record. If the respondent is already facing other criminal matters, a breach commonly results in revocation of bail.
Possible Court Penalties
Under section 123 of the Family Violence Protection Act 2008 (Vic), a standard breach carries a maximum penalty of two years’ imprisonment, a fine of up to 240 penalty units, or both. Aggravated breaches under section 123A and persistent contraventions under section 125A carry a maximum of five years’ imprisonment or 600 penalty units.
Penalties for breaching a PSIO under section 100 of the Personal Safety Intervention Orders Act 2010 (Vic) carry a maximum of two years’ imprisonment or 240 penalty units for a standard breach.
Do You Need an AVO Lawyer in Victoria?
Intervention order proceedings involve legal issues that can become more complex where criminal charges arise from the same facts or where the matter is contested. A lawyer can help you understand your obligations, your rights, and the potential consequences of each decision.
When Legal Advice May Be Helpful
Legal advice is particularly important where the other party contests the order, where criminal charges arise from the same facts, where the conditions affect your housing or access to children, or where you are unsure whether specific conduct would breach an existing order.
Legal Representation for Applicants
A lawyer can assist an applicant with preparing the intervention order application, gathering evidence, and presenting the case at a contested hearing. Legal support is especially beneficial in cases involving ongoing family violence where the affected person’s safety depends on the conditions imposed by the court.
Legal Representation for Respondents
A respondent has the right to legal representation. Our lawyers advise respondents on whether to consent without admissions, contest the application, or seek variation of the proposed conditions. Early advice helps avoid unintended consequences in related criminal matters.
Frequently Asked Questions
What is an AVO in Victoria?
An AVO, or Apprehended Violence Order, is a protection order used in New South Wales. Victoria does not use AVOs. The equivalent orders in Victoria are Family Violence Intervention Orders and Personal Safety Intervention Orders.
Is an AVO the same as an Intervention Order?
They serve a similar protective purpose but are made under different legislation in different states. An AVO is made under NSW law. A Victorian intervention order is made under Victorian legislation. The conditions, procedures, and penalties differ between jurisdictions.
How do I get an AVO in Victoria?
You apply for an intervention order at any Magistrates’ Court in Victoria. You can lodge the application yourself or ask Victoria Police to apply on your behalf. Court staff can assist with the forms. If you need immediate protection, the court may grant an interim order on the same day.
How long does an Intervention Order last?
An interim order remains in place until the court makes a final decision. A final order is typically made for 12 months, though longer periods and indefinite orders are possible. Only a magistrate can extend, vary, or cancel an order.
Can police apply for an Intervention Order?
Yes. Victoria Police can apply for a Family Violence Intervention Order on behalf of an affected family member. Police are required to act where they believe family violence has occurred. A police officer can also issue a Family Violence Safety Notice for immediate protection before the court application is heard.
Conclusion
Victoria does not use AVOs. The legal mechanism in Victoria is an intervention order. FVIOs and PSIOs are governed by separate legislation and issued by the Magistrates’ Court. Only a court can make, vary, or cancel an order. Our intervention order lawyers in Melbourne can help you understand the process and your legal obligations.