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Options for dealing with an intervention order

This section is for respondents (person the application is against).

You have four options. You can:

  • agree to an intervention order being made
  • agree to an undertaking instead of an order
  • argue against the order
  • ignore the summons and do not go to court.

Option 1: Agree to an intervention order being made

You can go to the court hearing and agree to the intervention order being made. This is called consent. It means that you agree to obey the conditions set out in the application. Conditions are like rules that restrict how you behave.

You can also agree to the conditions, even if do not agree with what is said about you in the application. This is called ‘consenting without admission’. This means the court can make an order without deciding whether you did those things or not.

Agreeing to an intervention order does not give you a criminal record, but breaking the order can. If you are found guilty or breaking an order, you could pay a heavy fine or go to jail. See ‘Breaking an intervention order’ (see link below).

If you are considering this option, you should get legal advice if:

  • if the application has rules about seeing your children 
  • you disagree with any of the conditions, for example, one that stops you from living at home
  • you have any reason for having a gun, for example, you need one for work.

If you agree to an intervention order, you can still ask for family law orders about children and property. This can be complex so get legal advice.

Option 2: Agree to an undertaking instead of an order

Sometimes an applicant may accept an undertaking. This is a formal written promise to the person who needs protecting and the magistrate that you will follow certain rules.

You can only get an undertaking if the applicant (person applying for an intervention order) agrees. The applicant does not have to accept an undertaking. It’s their choice.

If the applicant agrees to an undertaking, they may then agree not to go ahead with their application for an order. However, this does not stop them from coming back to court in the future.

Option 3: Argue against the order

If you don’t agree with the application, you can go to the court hearing and argue against the order or any of the conditions. Get legal advice before going to court.

You won’t get the chance to tell the magistrate your version of events on the first day you go to court. This is called the first mention date. You will need to go back to court for a contested hearing (when the magistrate hears all the evidence from both sides).

If you have an interim order against you, the magistrate will probably extend the order until the next court date.

The contested hearing will be at least 28 days after your first mention date. However, a magistrate will only set a date for the contested hearing, if both sides:

  • have had a chance to get a lawyer 
  • are ready for the contested hearing 
  • agree to the date of the contested hearing.

You need to arrange any witnesses who can support your story. They must have seen or heard something themselves, not just rely on what you or someone else has told them. You may need to send them a summons to get them to come to court. Ask the registrar about how to do this.

If you don’t agree with the intervention order, you will need to convince the magistrate that:

  • the claims made against you are false
  • you are not a future risk to the person needing protection.

Option 4: Ignore the summons and do not go to court

If you ignore the summons, the hearing can go ahead without you. You can’t delay the court hearing by not turning up. If the magistrate accepts that you have received the summons, they can make an order without hearing your side of the story.

The magistrate can also make decisions about contact with your children, even if the applicant did not include them in the complaint. See ‘Family violence orders to protect children' (link below).

Even if you accept the intervention order, it is worth going to court to:

  • have your say about the conditions of the order, especially if you have children
  • make sure you understand the orders and what they mean so you do not break the conditions later on.

If you are not at court, the police will give you a copy of the intervention order. The order does not take effect until the police have served (given) you with the order. See 'When an intervention order starts' (link below).

More information

When an intervention order is made

Breaking an intervention order

If an application has been made against you

Before a respondent goes to court

Family violence orders to protect children

When an intervention order starts

Related publications

Family violence intervention order publications

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ at the Magistrates’ Courts who can give you advice on the day.

To find out more about any of our legal services see What we do.

Who else can help?

There are legal and support services throughout Victoria that can give you information and advice about what to do if someone wants to take out an intervention order against you.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.

Help is also available at most courts, from court staff, court support schemes, duty lawyers or other services. Contact the court to find out what is available.

There are also services, such as the Men’s Referral Service, that work with people to help them change the way they behave in relationships. For contact details, see Getting help – services.