Can I Contest an Intervention Order in Victoria?

If you have been served with an Intervention Order application and you disagree with the allegations, you may be wondering whether you have to accept the order.

The answer is no.

In Victoria, you have the right to contest an Intervention Order application. The court will not automatically make a final order simply because an application has been filed. The applicant must satisfy the Magistrate that the legal requirements for an Intervention Order have been met before a final order will be made.

Many people feel pressured to consent to an Intervention Order because they want to avoid the stress of court. While that may be the right decision in some cases, it is not the right decision in every case.

Before deciding whether to consent or contest an Intervention Order, it is important to understand the allegations, the available evidence and the possible consequences of the order.

What does it mean to contest an Intervention Order?

Contesting an Intervention Order means that you disagree with the application and require the applicant to prove their case in court.

You may dispute:

• That the alleged events occurred.

• The accuracy of the allegations.

• Whether your behaviour amounts to family violence or prohibited conduct.

• Whether an Intervention Order is actually necessary.

• The conditions being sought by the applicant.

Every case is different, and the reasons for contesting an application will depend on your individual circumstances.

Do I have to contest every allegation?

Not necessarily.

Some respondents accept that an argument or incident occurred but disagree with how it has been described.

Others accept some allegations but dispute others.

Sometimes the disagreement is not about what happened but whether the legal requirements for making an Intervention Order have been satisfied.

It is important to discuss these issues with your lawyer before deciding how to proceed.

What happens if I contest the application?

If you tell the court that you wish to oppose the Intervention Order, your matter will usually be adjourned through several procedural stages before a contested hearing.

Depending on the circumstances, the court may:

• Set a timetable for the matter.

• Make directions about the exchange of evidence.

• Encourage the parties to negotiate.

• Fix a date for a contested hearing.

During this period, your lawyer can begin preparing your case.

What happens at a contested hearing?

A contested hearing is the final hearing where the Magistrate decides whether to make the Intervention Order.

The applicant will usually:

• Give evidence under oath.

• Call witnesses if appropriate.

• Produce photographs, text messages or other evidence.

You, or your lawyer, will have the opportunity to cross-examine the applicant and any witnesses.

You may also:

• Give evidence.

• Call your own witnesses.

• Tender documents or other evidence.

• Make submissions about why the order should not be made.

After hearing all of the evidence, the Magistrate will decide whether to make a final Intervention Order.

What does the applicant have to prove?

The applicant is not required to prove the case beyond reasonable doubt, as occurs in criminal proceedings.

Instead, the Magistrate must be satisfied, on the balance of probabilities, that the legal requirements for making an Intervention Order have been established.

The court will consider both the evidence of past events and whether an order is necessary to protect the affected person in the future.

Simply because there has been an argument or disagreement does not automatically mean an Intervention Order will be made.

Can the application be withdrawn?

Yes.

Not every Intervention Order proceeds to a contested hearing.

Applications are sometimes:

• Withdrawn.

• Resolved by agreement.

• Finalised by consent without admissions.

• Amended so that only certain conditions remain in dispute.

Negotiations often occur before the contested hearing, particularly where both parties are legally represented.

Can I negotiate the conditions?

Yes.

Even if you are prepared to consent to an Intervention Order, you may not agree with every proposed condition.

In many cases, your lawyer can negotiate practical changes.

For example, conditions may be amended to allow:

• Communication about children.

• Attendance at a shared workplace.

• Collection of personal property.

• Attendance at sporting or community events.

• Necessary communication through lawyers or third parties.

A negotiated outcome can often avoid unnecessary restrictions while still addressing the concerns raised in the application.

What happens if I lose?

If the Magistrate decides to make the Intervention Order, you must comply with every condition of the order.

An Intervention Order is a civil order, not a criminal conviction.

However, breaching an Intervention Order is a criminal offence.

Even if the protected person contacts you first or tells you they are happy for you to communicate, you must continue to comply with the order unless it is varied or revoked by the court.

Breaching an Intervention Order can result in:

• Criminal charges.

• A criminal record.

• Significant fines.

• Imprisonment in serious cases.

Should I have a lawyer?

Although you are entitled to represent yourself, Intervention Order hearings often involve:

• Cross-examination of witnesses.

• Rules of evidence.

• Legal submissions.

• Negotiations with the applicant or Victoria Police.

• Related criminal charges or family law proceedings.

An experienced lawyer can:

• Assess the strength of the application.

• Identify weaknesses in the evidence.

• Prepare your witnesses.

• Cross-examine the applicant.

• Negotiate changes to the proposed order.

• Present your case clearly and persuasively.

Early legal advice often places you in a much stronger position.

Practical tips if you want to contest an Intervention Order

If you intend to oppose the application:

• Obtain legal advice as soon as possible.

• Read the application carefully.

• Write down your version of events while they are still fresh.

• Preserve relevant text messages, emails, photographs and other evidence.

• Identify any witnesses who may support your case.

• Strictly comply with any interim Intervention Order while the proceedings continue.

Remember that contesting the application does not allow you to ignore an interim order. Interim orders remain legally enforceable until the court changes them or the proceedings conclude.

Frequently Asked Questions

Do I have to agree to an Intervention Order?

No. You have the right to contest the application and require the applicant to prove that an order should be made.

Can I contest only some of the allegations?

Yes. It is common for respondents to accept some facts while disputing others or to argue that an Intervention Order is unnecessary despite the allegations.

Will the applicant have to give evidence?

Usually, yes. If the matter proceeds to a contested hearing, the applicant will generally give evidence and can be cross-examined by your lawyer.

Should I have a lawyer?

While you can represent yourself, contested Intervention Order hearings involve legal and procedural issues that can significantly affect the outcome. Obtaining legal advice before the hearing is strongly recommended.

Get advice before deciding whether to contest

Every Intervention Order application is different. In some cases, contesting the application is appropriate. In others, negotiating the conditions or consenting without admissions may be the better outcome.

At Wilkinson Lawyers, we regularly represent both applicants and respondents in contested Family Violence Intervention Orders and Personal Safety Intervention Orders throughout Victoria. We can assess the strength of the application, advise you about your options and represent you at every stage of the court process to help achieve the best possible outcome.

If you have been served with an Intervention Order at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in intervention order matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.