Below is some information on the process of applying for an IVO which may be useful for you and your clients. You can find the link to this resource here and in the course materials.
The information is the work of the Barwon Community Legal Service and was developed in 2021. It is reproduced here with the creator agency’s consent.
If there’s no agreement at the first mention, the matter will then go to a Directions Hearing, in which the Court will give directions about how it is to proceed.
The Court may make Orders about Further and Better Particulars if it decides it needs you to provide more information.
If the Court asks you to provide Further and Better Particulars, contact free legal advice for help.
At the Directions Hearing, the Respondent may wish to argue against the IVO application (contest the application). If this happens, it will go to a Contested Hearing at which the Court will hear evidence, submissions from both you and the Respondent, and then make a decision.
A Contested Hearing is scheduled for a later date. An interim Order may be in place in the meantime.
The Court will make the IVO if you can show that the Respondent committed family violence against you or another family member, and the behaviour is likely to happen again.
The Court will set out conditions which the Respondent must follow. For example, conditions may require the Respondent not to:
If the Court grants the IVO, the Respondent must obey it. Breaching the Order means the Police can charge the Respondent. If found guilty of breaching the Order, criminal penalties may apply.
If the Court dismisses your application, you will need to decide whether to appeal the decision or what other options are available to you.