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What are your options if you are served with a Family Violence Intervention Order?

There are a number of options when served with a IVO

  1. Agree to the Order being made
    You can attend the hearing and consent to the Order being made, even if you do not agree with the accusations. This is called “consent without admissions”. You will still have to adhere to the conditions stipulated in the Order. There is no criminal record associated with the IVO. You should seek legal advice if you want to consent to an Order, as the conditions on the order may be negotiated (for example, conditions about seeing your children).

  2. Agree to an undertaking (instead of an Order)
    An undertaking is a formal written “promise” to the Court and to the affected family member that you will follow certain conditions. There is no penalty for breaking an undertaking (as long as you have not committed an offence). If the affected family member accepts the undertaking, the IVO is withdrawn (with a right to reinstatement should you breach the conditions of the undertaking).

  3. Argue/defend the order
    You can argue against the Order in court if you disagree with the application. At the first court date (called the Mention hearing), the Judge will give you another date to return to court for a contested hearing. Significant preparation is required for a contested hearing and you should seek legal advice if you wish to argue against the IVO.

  4. Ignore the Order / do not attend court
    If you ignore the summons and do not attend court, the matter will still go ahead without you. A decision will then be made in your absence. Even if you agree with the order being made, it is important that you attend court so you can have your say about the conditions of the order and so you fully understand the conditions of the order (therefore reducing your risk of breaching them).
Have You Been Served With An Intervention Order?
$1950
Fixed Fee Service

We offer an all-inclusive fixed fee service to represent your interests in matters relating to Intervention Orders. The one-off fixed fee includes going to court.

Please note additional fees may apply if multiple court visits or a contested final hearing applies.

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