Intervention Orders (IVOs) are crucial legal tools designed to protect individuals from harm, harassment, or intimidation. Whether you are applying for an IVO or defending against one, the evidence you present is key to the outcome of your case.
Understanding the types of evidence for an intervention order and how the court process works can help you build a strong case.
In Victoria, intervention orders fall into two main categories:
Family Violence Intervention Orders (FVIOs) – Protect individuals from family violence, including physical, emotional, or financial abuse.
Personal Safety Intervention Orders (PSIOs) – Apply to disputes between non-family members, such as neighbours, colleagues, or acquaintances.
This article outlines the essential legal proof required to either secure or contest an intervention order in Victoria.
Types of Evidence for an Intervention Order
To succeed in obtaining or contesting an IVO, you must present strong and credible evidence. The court relies on factual information to determine whether an order is necessary. The following types of evidence are commonly used:
1. Witness Statements and Affidavits
A detailed statement from the affected person (the applicant) and other witnesses is one of the most important pieces of evidence. This statement should include:
Specific incidents of violence, threats, or harassment.
Dates, times, and locations of events.
The impact on the applicant’s physical and emotional well-being.
Statements from family members, friends, or professionals who have witnessed the behaviour.
Affidavits, which are sworn written statements, provide legal proof that can support the application. The more detailed and consistent the accounts, the stronger the case.
2. Police Reports and Intervention Orders History
If the police have been involved in incidents related to the application, their reports can be powerful evidence. This includes:
Reports of previous domestic violence incidents.
Police intervention or prior arrests.
Breaches of existing intervention orders.
If the respondent has a history of intervention orders being issued against them, this can also support the need for a new order.
3. Medical Records and Psychological Assessments
Medical records can provide objective evidence of injuries or psychological harm. This may include:
Hospital or GP reports documenting physical injuries.
Psychological reports showing emotional or mental health impacts.
Evidence of prescriptions for anxiety, depression, or PTSD linked to the respondent’s behaviour.
These records demonstrate the real-life impact of the alleged behaviour and help establish a pattern of harm.
4. Digital and Physical Evidence
With technology playing a major role in modern disputes, digital evidence has become increasingly important. This can include:
Text messages, emails, and social media messages – Showing threats, harassment, or controlling behaviour.
Call logs and voicemail recordings – Demonstrating repeated unwanted contact or threats.
Photos and videos – Providing visual evidence of injuries, property damage, or stalking behaviour.
Screenshots and saved digital communications should be time-stamped to strengthen their reliability.
5. CCTV and Audio Recordings
If the incidents occurred in areas with CCTV surveillance, requesting footage may help verify events.
Audio recordings can also serve as evidence, but in Victoria, secretly recording conversations without consent may not always be admissible in court. It’s important to seek legal advice regarding recorded evidence.
6. Financial Evidence (For Family Violence Cases)
In cases involving financial abuse, bank statements, loan agreements, and financial control records can be used to show:
Restricted access to money.
Coerced financial decisions.
Economic dependency and manipulation.
This is especially relevant in family violence intervention orders, where financial abuse is a recognised form of domestic violence.
7. Evidence of Fear and Emotional Impact
The court considers not only past incidents but also the fear and distress caused by the respondent’s actions. Evidence of emotional impact can include:
Counsellor or psychologist reports.
Testimonies from colleagues, teachers, or support workers.
Proof of significant lifestyle changes due to fear (e.g., relocation, changing jobs, avoiding certain places).
This type of evidence helps demonstrate an ongoing risk, which is crucial when seeking an intervention order.
Contesting an Intervention Order: Defence Strategies
If you have been served with an IVO, you have the right to contest it. The following evidence can be used in your defence:
1. Alibi Evidence
If the allegations involve specific dates and times, providing an alibi (such as work records, CCTV footage, or witness statements) can prove that you were not present.
2. Lack of Credibility in the Applicant’s Evidence
You can challenge the applicant’s claims by showing:
Inconsistencies in their statements.
Lack of supporting evidence.
Previous false allegations.
Cross-examining the applicant’s witnesses and presenting contrary evidence can weaken their case.
If there was a dispute where both parties were involved, evidence of mutual conflict can challenge the claim that you were solely responsible. This includes:
Text messages showing aggression from both sides.
Witnesses confirming provocation or self-defence.
3. Good Character and Behaviour Evidence
Providing evidence of your good character can be beneficial. This may include:
Testimonies from employers, colleagues, or community members.
A clean criminal record.
The Court Process for an Intervention Order
1. Application and Interim Orders
The affected family member/protected person (AFM/PP) or acting on behalf of an AFM or PP can apply for an IVO at the Magistrates’ Court.
If the situation is urgent, the court may issue an interim order to provide immediate protection.
2. Contested Intervention Order Hearing
The respondent is notified and given a chance to respond.
Both sides present their evidence, including witness statements, digital evidence, and expert reports.
3. Final Order Decision
The magistrate decides whether to grant a final order, dismiss the case, or issue an alternative order (such as an undertaking or mutual IVO).
The decision as to whether a Judicial Officer will make an
If granted, the final order can last for a set period or be indefinite.
4. Breach of an Intervention Order
If an IVO is breached, it is a criminal offence, and the respondent may face penalties, including fines or imprisonment. Police take breaches seriously, and victims should report any violations immediately.
Seek Legal Advice for Your Intervention Order Case
Whether you are applying for or contesting an intervention order, having strong legal proof is critical to the court process. Ensuring that your evidence is credible, well-documented, and relevant can greatly impact the outcome of your case.
If you need expert legal representation for an intervention order matter in Victoria, contact Pascoe Criminal Law today. Our experienced lawyers can help you navigate the court process and protect your rights.
