Key points
- You must follow any interim order from the moment you’re served, even if you disagree with it.
- As a respondent, your main options are to consent (including without admitting the allegations), offer an undertaking, or contest the application.
- An intervention order is a civil order, not a criminal conviction, but breaching one is a criminal offence.
- Don’t ignore the court date. The court can make an order without hearing from you.
What is an intervention order?
An intervention order is a court order made by the Magistrates’ Court of Victoria to protect a person’s safety. There are two types:
- Family violence intervention orders protect family members, current or former partners, and people in family-like relationships.
- Personal safety intervention orders cover people who aren’t family, such as neighbours, co-workers or acquaintances.
An application can be made by the person seeking protection, or by Victoria Police on their behalf. The order sets out conditions you must follow, such as not contacting or approaching the protected person.
If there’s an interim order
The court can make an interim (temporary) order before a final decision. If you’ve been served with an interim order, you must comply with it straight away, even if you think it’s unfair. It usually stays in place until the application is finally decided.
Your options as a respondent
1. Consent to the order, including without admissions
You can agree to the order being made without admitting the allegations in the application. The court makes the order without deciding whether the allegations are true. This can resolve the matter quickly, but you’ll be bound by the conditions, so make sure you understand them and can comply.
2. Offer an undertaking
An undertaking is a written promise to the court to follow certain conditions. If the applicant agrees, the application can be withdrawn. An undertaking isn’t an order, so breaching it isn’t itself a criminal offence, but the applicant can reapply. Police applicants are less likely to accept an undertaking.
3. Contest the application
If you disagree with the application, you can contest it. The court will set the matter down for a contested hearing at a later date, where both sides present evidence and the magistrate decides. Contested hearings take preparation, and there are special rules about cross-examining the protected person, so legal representation is strongly recommended.
4. Negotiate the conditions
Sometimes the real issue is the conditions. For example, you may need to arrange contact with children, collect belongings or attend the same workplace. A lawyer can negotiate conditions that protect safety while allowing practical arrangements.
What happens if you don’t attend court?
If you don’t attend, the hearing can go ahead without you and the magistrate can make a final order without hearing your side. Always attend, or get a lawyer to appear for you.
Why an intervention order matters
- Breaching an order is a criminal offence and can lead to arrest and charges.
- An order can affect a firearms licence, and some jobs and licences that require screening.
- It can affect living arrangements and time with children, and may be relevant in family law proceedings.
What to do now
- Read the documents carefully and note your court date.
- Follow any interim order exactly.
- Don’t contact the protected person to “sort it out” if an order prevents it.
- Gather any messages, emails or other documents relevant to the allegations.
- Get legal advice before your first court date.
Asher Freeman Lawyers advises and represents people applying for and responding to intervention orders across Victoria. If you’re in immediate danger, call 000.
Frequently asked questions
Will an intervention order give me a criminal record?
No. An intervention order is a civil order, not a criminal conviction. However, breaching an order is a criminal offence.
Can I agree to an order without admitting the allegations?
Yes. You can consent to an order without admissions. The court makes the order without deciding whether the allegations are true.
What happens if I don't go to court?
The hearing can go ahead without you, and the magistrate can make a final order without hearing your side.
Can an intervention order affect seeing my children?
It can. Conditions may affect contact with children, and orders can be relevant in family law proceedings. Get advice about the conditions before agreeing to them.
This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.
