If you receive an application or an order
If a family violence intervention order (FVIO) application is made against you, you are the respondent. The applicant may be a family member or police acting to protect an affected family member.
Read the application, any interim order and the hearing notice carefully. Follow any conditions already in force while you obtain advice. Disagreeing with an application does not suspend an existing order. If you have been served and do not attend the hearing, the magistrate may make an order in your absence.
Tell the court if you want to contest the application
At the first mention, tell the court if you disagree with the order being made or with particular conditions. The first mention usually deals with how the case will proceed; it is generally not the final hearing of all the evidence.
The court may arrange a directions hearing and, if the dispute remains unresolved, a contested hearing. The timetable depends on the case. Seek advice before the first court date so you understand your options and any preparation required.
Options to discuss with a lawyer
You may be able to:
- consent to an order, including consent without admitting the allegations;
- ask for different conditions or a different duration;
- contest the application; or
- discuss an undertaking where appropriate and acceptable to the parties and court.
An undertaking is a promise rather than an intervention order, and police cannot enforce it as an FVIO. It is not available or appropriate in every case. Victoria Police rarely accept an undertaking when they are the applicant. If an undertaking is breached, the affected family member may apply for a new intervention order.
An FVIO is a civil order. Agreeing to one does not itself give you a criminal record, but breaching conditions can lead to criminal charges. Separate criminal allegations may also need advice. An order can affect firearms eligibility or conditions needed for your work. Get advice about those consequences before consenting.
Preparing for a contested hearing
A directions hearing can address documents, witnesses, interpreters and other preparation. If allegations are unclear, ask your lawyer whether to request further details. Follow the court’s directions and deadlines.
At a contested hearing, the magistrate considers the evidence and decides whether an order should be made. At a contested final hearing, the applicant must establish the grounds for an order on the balance of probabilities. You do not have to prove that every allegation is false simply because you are the respondent. Obtain advice about the legal test and evidence relevant to the application.
An unrepresented respondent cannot personally cross-examine the affected family member or children. Ask the registrar about legal representation for cross-examination and Victoria Legal Aid assistance.
Children and parenting arrangements
Get advice if the proposed conditions affect your children or interact with parenting orders. Do not assume an informal agreement allows contact prohibited by an order. Our family law team can advise you about the proposed conditions and their effect on your parenting arrangements.
Official guidance
- Magistrates’ Court: information for FVIO respondents
- Victoria Legal Aid: respondent options
- Victoria Police: firearm licence eligibility
- Victoria Legal Aid: what can happen at a hearing
Information reviewed 18 October 2026. This article is general information, not advice about an individual case.