Does an intervention order give you a criminal record in Victoria?

No. The Magistrates' Court of Victoria states that an application for, or the making of, an intervention order does not create a criminal record or conviction. Breaching the order is a criminal offence.

How long does an intervention order last in Victoria?

A final order lasts for the period the magistrate specifies. If no period is specified, it lasts until it is revoked or set aside on appeal. An FVIO against a child respondent is limited to 12 months unless there are exceptional circumstances.

Can police apply for an intervention order if the victim does not want one?

Yes. Police can apply for a family violence intervention order to protect a person even if that person does not want it. A final order made without the affected family member's consent can only include limited conditions.

Can an intervention order affect a parenting order?

Yes. When making an FVIO, the court can revive, vary, discharge or suspend a parenting order made under the Family Law Act 1975 (Cth).

Is an undertaking the same as an intervention order?

No. An undertaking is a signed promise about behaviour agreed between the parties. It is not a court order, and police cannot enforce it.

Intervention Orders in Victoria (FVIO & PSIO) Explained

An intervention order in Victoria is an order of the Magistrates' Court of Victoria that restricts what a person, called the respondent, can do to protect another person. Breaching one is a criminal offence with a maximum penalty of 2 years' imprisonment, 240 penalty units, or both. There are 2 types: a family violence intervention order (FVIO) under the Family Violence Protection Act 2008 (Vic) and a personal safety intervention order (PSIO) under the Personal Safety Intervention Orders Act 2010 (Vic).

A person who is served with an application should read the court documents, note the hearing date and get advice before that date. A respondent to an FVIO must complete the court's online Pre-Court Information form at least 7 days before the hearing. If the respondent does not attend, the magistrate can still make a final order. Breaches are prosecuted as crimes, so many respondents speak to Criminal Lawyers in Australia before court.

FVIO vs PSIO: which order applies?

The type of order depends on the relationship. An FVIO applies between family members. A PSIO applies between people who are not family members, such as neighbours or co-workers. A court cannot make a final PSIO if there is an existing FVIO between the same people (section 62 of the PSIO Act), and the reverse also applies (section 74A of the FVP Act).

Feature	FVIO	PSIO
Act	Family Violence Protection Act 2008 (Vic)	Personal Safety Intervention Orders Act 2010 (Vic)
Relationship	Family member (section 8)	Not family members
Who is protected	Affected family member, including children exposed to family violence	Affected person
Test for a final order	Respondent has committed family violence and is likely to continue or do so again (section 74)	Respondent committed prohibited behaviour and is likely to continue, and a reasonable person would fear for their safety; or respondent stalked the affected person and is likely to continue (section 61)
Police-issued notice	Family violence safety notice	None
Registrar can refuse to file	No	Yes, if frivolous, vexatious or more suited to mediation (section 16A), unless police apply
Mediation directions	Not provided for	Court can direct a mediation assessment or mediation (section 26)
Breach penalty	2 years, 240 penalty units, or both (section 123)	2 years, 240 penalty units, or both (section 100)

Under section 8 of the FVP Act, a family member includes a current or former spouse or domestic partner, an intimate partner, a relative, and a child who normally lives with the person. It also includes someone the person reasonably regards as being like a family member. Under section 5 of the PSIO Act, prohibited behaviour means assault, sexual assault, harassment, property damage or interference, or making a serious threat.

Who can apply for an intervention order?

An affected person, a police officer, or another person with the affected adult's written consent can apply. For a child, a parent can apply, and a child aged 14 or over can apply with the court's leave (section 45 of the FVP Act; section 15 of the PSIO Act). A person applies at the Magistrates' Court.

Police can apply for an FVIO even if the affected family member does not want the order. Police can also issue a family violence safety notice, which works as an immediate order and as a summons to court. The first mention date for a safety notice must be no later than 14 days after it is served (section 31).

What is the difference between an interim and a final order?

An interim order is temporary protection until the application is decided; a final order is made after a hearing or by consent.

Interim orders

A magistrate makes an interim FVIO if satisfied, on the balance of probabilities, that it is necessary to protect the affected family member's safety or property, or to protect a child exposed to family violence (section 53). An interim PSIO needs the same safety or property test and must also be appropriate in all the circumstances (section 35). An interim order can be made before the respondent knows about the application, and it ends when a final order is made or the application is refused or withdrawn.

Final orders

A final order is made when the magistrate is satisfied of the test in section 74 (FVIO) or section 61 (PSIO), or when both parties consent or the respondent does not oppose. The order lasts for the period the magistrate sets. If no period is set, it lasts until it is revoked (section 99 of the FVP Act; section 79 of the PSIO Act). An FVIO against a child respondent cannot exceed 12 months unless there are exceptional circumstances (section 98).

What conditions can an intervention order include?

A magistrate can include any condition that appears necessary or desirable, and the safety of the affected person and children is paramount (sections 80 and 81 of the FVP Act). Common FVIO conditions under section 81 are:

not committing family violence against the protected person;
not locating or trying to locate the protected person;
excluding the respondent from the protected person's home;
not contacting or approaching the protected person, including by text or email;
staying a set distance from the protected person or a specified place;
not getting another person to do anything the order prohibits;
suspending or cancelling a firearms authority or weapons approval.

An interim FVIO can suspend a firearms authority, and a final FVIO can cancel it (section 95).

What are the penalties for breaching an intervention order?

The maximum penalty for breaching an FVIO or a PSIO is 2 years' imprisonment, 240 penalty units, or both. Victorian penalty units are indexed each 1 July, so the dollar amount changes each year. Two more serious FVIO offences apply, as at September 2026:

Offence	Section	Maximum penalty
Breaching an FVIO	123 (FVP Act)	2 years, 240 penalty units, or both
Breaching an FVIO intending, or knowing it will probably cause, physical or mental harm or fear	123A (FVP Act)	5 years, 600 penalty units, or both
Persistently breaching: at least 3 breaches within 28 days	125A (FVP Act)	5 years, 600 penalty units, or both
Breaching a PSIO	100 (PSIO Act)	2 years, 240 penalty units, or both

A respondent can only be guilty of a breach if they were served with the order or had it explained to them.

How do you respond to an intervention order?

A respondent has 4 main options at the first court date.

Consenting without admissions

The respondent agrees to the order without admitting the allegations. Section 78 of the FVP Act and section 64 of the PSIO Act let the court make the order whether or not the respondent admits any of the particulars. In an FVIO matter, the court can refuse a consent order that may put a party or child at risk (section 78(5)).

Contesting the application

The respondent opposes the order and the matter is listed for a contested hearing. The applicant must prove the test in section 74 or section 61 on the balance of probabilities. An interim order usually stays in force until then.

Negotiating conditions or an undertaking

The parties can agree on narrower conditions. An undertaking is a signed promise that can lead to the application being withdrawn, but it is not a court order and police cannot enforce it.

Mediation (PSIO only)

In a PSIO matter, the court can direct the parties to a mediation assessment and, if suitable, to mediation through the Dispute Settlement Centre of Victoria.

Respondents should tell the court about any parenting order or child protection order, because an FVIO can change how a parenting order operates.

When should you speak to a lawyer about an intervention order?

Speak to a lawyer as soon as an application is served, and before agreeing to any order. A criminal lawyer can advise whether to consent without admissions or contest the application, and what a breach charge would involve. Where the order affects children, separation or a shared home, Family Lawyers in Melbourne advise on parenting and property.

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