You’ve just received court documents. Someone—maybe a family member, a partner, or even the police—has applied for a family violence intervention order against you. Your heart is racing, your mind is spinning, and you’re probably wondering: what does this actually mean? Am I being charged with a crime? What happens if I ignore it?

Take a breath. This is serious, but it’s not the end of the world. And here’s the most important thing to understand right now: an intervention order is not a criminal charge. It’s a civil matter. You won’t have a criminal record just because an order is made.

But that doesn’t mean you can brush it aside. There are conditions you must follow, and breaking them becomes a criminal offence with serious consequences. Let’s break down exactly what you’re dealing with and what your options are.

What Is a Family Violence Intervention Order?

A family violence intervention order is a court order designed to protect someone from family violence . It’s not about punishment—it’s about prevention. The court makes these orders when it believes there’s a risk of future family violence.

Family violence isn’t just physical. It can include:

• Controlling behaviour, like tracking where you go or monitoring your phone calls without consent
• Coercive behaviour, such as intimidating or threatening a family member
• Financial abuse, like controlling someone’s money without their permission
• Emotional abuse, including criticising, insulting, or humiliating

The person applying is called the applicant, and the person the order is against is the respondent. The person being protected is known as the protected person.

Four Options: What You Can Do

When an intervention order application is made against you, you generally have four options. Getting legal advice from criminal law solicitorsbefore making any decision is strongly recommended.

Option 1: Agree to the Order (Consent)

You can go to court and agree to the order being made. This is called consenting to the order. You can agree to the conditions even if you don’t agree with what was said about you in the application . This is called “consent without admissions”—you’re not admitting the allegations are true, but you’re agreeing to follow the rules.

The magistrate can make a decision quickly, and you may not need to come back to court. Agreeing to an order doesn’t give you a criminal record. But if you break the conditions later, that becomes a criminal matter.

Option 2: Ask for an Undertaking

An undertaking is a written promise to the court and the protected person that you’ll follow certain conditions. This is different from an order because the application is withdrawn—meaning no order is made against you.

But there’s a catch: the applicant has to agree to accept an undertaking instead of an order. If the police applied for the order, they’re less likely to agree to this option. If you break an undertaking, the court takes it very seriously and is more likely to make an order against you in future.

Option 3: Argue Against the Order (Contest)

If you disagree with the application or any of the conditions, you can go to court and fight it. This is called contesting the order.

Your first appearance is called a mention hearing. The magistrate won’t hear all the evidence then—that happens later at a contested hearing, which will be at least 28 days after your first mention date . At the contested hearing, both sides present evidence and witnesses may give evidence.

If there’s an interim order against you, it usually continues until the contested hearing is resolved.

Option 4: Ignore It (Not Recommended)

You can choose not to go to court and ignore the summons. This is the worst possible option. If you don’t attend, the magistrate can still make a final order against you in your absence . You’ll have missed your chance to respond to the allegations or ask for different conditions.

The Conditions: What You Can and Can’t Do

The order will have conditions—rules you must follow to stop family violence. Common conditions include:

• Not damaging the protected person’s property
• Not contacting or communicating with the protected person
• Not approaching or staying within a certain distance of where they live, work, or attend school
• Not publishing anything about them on social media or by email
• Not getting someone else to do anything you’re prohibited from doing

The magistrate decides what conditions to include, but you can ask for changes if a condition makes it difficult for you to do your job or for practical reasons.

Why an Intervention Order Matters

Even though an order isn’t a criminal conviction, it can still affect your life. It may impact licences for jobs that require security clearance. It can also affect family law matters and parenting arrangements . If children are involved, the court must consider their safety, and the order may include conditions about contact with them.

You Don’t Have to Navigate This Alone

If you’re facing an intervention order application, the best thing you can do is get legal advice as soon as possible. A lawyer can explain your options, help you understand the consequences of each decision, and represent you at court.

At Leanne Warren & Associates, we have extensive experience representing respondents inintervention order matters. We understand the stress and confusion you’re feeling, and we’re here to help you make informed decisions and protect your rights. Contact our team of experienced criminal lawyers in Melbourne for a confidential discussion about your case.