Have You Been Served

What are your options if you have been served with an IVO, Family Violence Intervention Order?

There are a number of options when served with an IVO

a. 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).

b. 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 If the affected family member accepts the undertaking, the IVO is withdrawn (with a right to reinstatement should you breach the conditions of the undertaking).

c. 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.

d. 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).

What happens if I breech and IVO?

Breach of a Family Violence Intervention Order is a criminal offence. The power to arrest without warrant is automatically attached to an IVO for the duration of that Order. The police are authorised to arrest the respondent without warrant if they have reasonable grounds to believe that the order was breached. The penalty for a breach can include imprisonment.