There’s an Intervention Order against me – can I still see my kids?

It’s a situation that is all too common in family law proceedings - your separation has gone poorly, you’ve had a disagreement about who the children spend the weekend with or who gets to keep your vintage car, and suddenly the police are knocking on your door and telling you that you can’t see your ex-partner or your kids, because the Court has made an Intervention Order against you.

It's stressful, and it can be hurtful, but we are here to support and guide you through the process. Read on to find out how the friendly, professional team at Wakefield Lawyers can help you navigate both your family law and intervention order matters.

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What is an Intervention Order?

A Family Violence Intervention Order (often called an Intervention Order, IVO, or FVIO) is an order made by the Court which restricts how a person (known as the ‘Respondent’) behaves around specific other people (known as the ‘Protected Person’, or ‘Affected Family Member’). This protected person may be an adult, or one or more children under the age of 18.

These Orders are made in Court by a Magistrate, and only the Court can change the terms. The most common requirements of an Intervention Order are:

1. The Respondent is prohibited from committing family violence against the Protected Person;

2. The Respondent is prohibited from damaging any property owned by the Protected Person;

3. The Respondent is prohibited from speaking to, texting, or otherwise contacting or communicating with the Protected Person;

4. The Respondent is prohibited from going to the Protected Person’s home, workplace, school, or daycare;

5. The Respondent is prohibited from asking another person to do anything they’re prohibited from doing.

Family violence is considered to be a very serious matter, both by the Courts and by Victoria Police. As such, the penalties for breaching an Intervention Order are equally serious. You can be criminally charged by police, and if you are found guilty, the penalties range from large fines to imprisonment.

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Can I still see my kids?

It depends on the specific wording of the Intervention Order. We can review it with you, and give specific advice for your particular Order. The Court can make exceptions to the Intervention Order which allow the Respondent to:

1. Follow the Orders of the Family Court or Child Protection;

2. Abide by a written agreement made by the Respondent and the Protected Person;

3. Text or email the Protected Person so that they can make arrangements for their children;

4. Get a lawyer or mediator to communicate with the Protected Person on their behalf;

5. Enrol and complete mediation through a mediation service.

If these exceptions are not already in your Intervention Order, we may be able too assist you to have them added. If you do have these exceptions, we can give specific advice about whether your written agreement is sufficient, to protect you, and potentially still allow you time with your children, and to attend a certain address at a certain time.  

This is where you need the family law team at Wakefield Lawyers. We can communicate with the Protected Person on your behalf, and make written arrangements to ensure you keep in contact with your children and maintain that crucial relationship to support them through the difficult period of their parent’s separation.

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Example

John and Jane have recently separated. Things had been rocky for a while, but last week they had a big argument where they yelled and called each other names. John left the house after this argument, and when he slammed the front door the glass broke.

Jane was afraid that John might come back to the house and yell at her some more, or even break something else. She called Victoria Police, who asked the Court for an Intervention Order to protect Jane and their children, Abby, Brian and Chloe.

John knows that he can’t go back to the matrimonial home, so he moves in with his parents. He’s also not allowed to contact Jane, or go to the home, Jane’s work, or the children’s school.

It’s Abby’s big dance recital this week, and John really wants to go. He knows he’s not allowed to be within 5 metres of Abbey, Jane, Brian or Chloe – but he is allowed to communicate with Jane through a lawyer. He calls Wakefield Lawyers, who write a letter to Jane asking if John can go to Abbey’s dance recital.

Jane writes back, and confirms that John can go to the recital, and that he can also say hello to Abby, Brian and Chloe while he’s there. John is excited, as this is the first time he will see the children since he and Jane separated.

Abby dances beautifully at her recital, and she, Brian and Chloe are very happy to see their dad. He and Jane agree to exchange more letters through Wakefield Lawyers, so that Abby, Brian and Chloe can see their dad more often, and they can work together to figure out how to co-parent as a separated couple.

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Conclusion

Having a Family Violence Intervention Order against you can be stressful and hurtful, but it’s not the end of the story.

At Wakefield Lawyers, we can assist you to:

- Understand what your Intervention Order requires of you;

- Communicate with your ex-partner, if that’s allowed by the Intervention Order;

- Make a plan for how and when you see your kids, and put it to your ex-partner;

- Determine whether to contest the Intervention Order or consent to it;

- Negotiate with Victoria Police about what conditions the Intervention Order should or shouldn’t have;

- Appear for you in Court to put your case to the Magistrate.

The Courts and police consider family violence to be a very serious matter, and if you don’t understand what your FVIO requires, you put yourself at risk of even more police involvement in your separation. It’s important to seek legal advice as soon as Police serve you with your FVIO, so that you can be crystal clear about what the FVIO requires, and how to get what you want – more time with your kids – while it’s still in place.

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Need advice about an Intervention Order?

If you've been served with a Family Violence Intervention Order, don't make assumptions about what you can or can't do. Every Intervention Order is different, and getting the right legal advice early can help you avoid breaching the Order while protecting your relationship with your children.

Our experienced family law team can explain your obligations, advise you on your options, communicate with your former partner where appropriate, and help you work towards practical parenting arrangements. Contact Wakefield Lawyers today on 03 5623 5166 to arrange a confidential consultation with one of our family lawyers. We'll help you understand your rights, navigate the legal process, and work towards the best possible outcome for you and your family.