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FAIR DINKUM LEGAL

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Your Situation

Intervention Order Against Me

Short Answer

An intervention order does not automatically stop you seeing your children, but it depends on the conditions of the order and whether there are parenting orders. Getting this wrong can lead to criminal charges or affect your family court case.

Many men find that after separation, an intervention order is made and they suddenly cannot return home or see their children. This creates both a criminal law issue and a family law issue at the same time.

What you do next matters. Breaching an intervention order is a criminal offence, and what happens in the Magistrates' Court can affect your Family Court case.

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What Matters

The exact wording of the order
Whether children are listed on the order
Whether communication about children is permitted
Whether parenting orders exist or need to be applied for
Whether the order should be varied

The Legal Position

Intervention orders in Victoria are made under the Family Violence Protection Act 2008 (Vic). Breaching an order is a criminal offence under s 123. Parenting matters are decided under the Family Law Act 1975. The Family Court can make parenting orders that override inconsistent intervention order conditions (s 68R Family Law Act). The court's main concern is safety under s 60CC.

What You Should Do Next

Read the order carefully — the exact wording governs what you can and cannot do
Do not contact your ex unless the order specifically allows it
Do not attend at premises or locations listed in the order
Get advice before spending time with children if children are listed
Consider filing a response and preparing evidence for the IVO hearing
Consider applying for parenting orders through the Family Court

If you have been served with an intervention order, you need to file a response and prepare your evidence. Our platform guides you through preparing your response, affidavit, and evidence bundle.

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