When families go through separations or divorce, disagreements about parenting are not uncommon. Importantly, these disputes are often heightened when an Intervention Order (IVO) is in place. Parents are often unsure of how an IVO may impact parenting orders, or their relationship with their children.
What is an Intervention Order?
An intervention order is a court order (made under Victorian state law) to protect a person, their children and their property from a family member, partner or ex-partner. It is a legally enforceable document. There are two types of intervention orders:
- A family violence intervention order to help protect you from a family member who is violent to you.
- A personal safety intervention order to protect you from someone that is not a family member.
Although IVOs are a civil order and therefore not criminal, they are legally enforceable. Importantly, a breach of an IVO is considered a criminal offence and can result in various charges or penalties.
Family Violence Intervention Orders:
Family Violence is defined in s4AB of the Family Law Act as ‘threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.’ A child will be exposed to family violence if ‘the child sees or hears family violence or otherwise experiences the effects of family violence.’ Examples of family violence include:
- Physical assault
- Sexual assault
- Intentional damage to property
- Intentionally causing harm or death to an animal
If a person is exposed to family violence, they may apply for an intervention order with their local Magistrates Court. Conditions on Family Violence Intervention Orders differ from case to case, but they can include restrictions such as: prohibiting the respondent from going within a certain distance of the protected person, contacting or communicating with them in any way, attending specified locations, or directing someone else to do anything the respondent is banned from doing under the order.
The reporting of IVO’S in the media:
Because family violence proceedings involve highly sensitive material, Victorian law places strict limits on how they can be reported. In Victoria, it is unlawful for the media to publish information that identifies any person involved in an FVIO proceeding. There are two provisions in the Family Violence Protection Act 2008 (Vic) (‘the Act’) which are relevant here.
Section 166 of the Act prohibits the publication of any report of a proceeding in the Magistrates’ Court or Children’s Court under the Act that contains particulars likely to lead to the identification of a person who is a party to, or a witness in, the proceeding. Section 167 specifically makes it a criminal offence to publish material that identifies a person as being a party to a family violence proceeding, including the protected person (applicant), the respondent or a witness. These are automatic statutory prohibitions: they apply without the need for a specific court order and are designed to ensure the privacy and safety of people involved in sensitive family violence matters.
Crucially, “identify” is broader than just names. It can include any information – such as address, workplace, a distinctive role, or details of relationships – that could reasonably lead to the identification of the individuals involved in an FVIO proceeding. Contravening these provisions is a criminal offence. There are limited exceptions: a Court can make an order allowing the publication of otherwise identifying material, but this tends to occur only in specific circumstances (for example, where there is a compelling public interest).
Similar, strict, automatic non‑publication rules apply to many proceedings in the Children’s Court under the Children, Youth and Families Act 2005 (Vic), including section 534 of that legislation. On top of these specific provisions, the Open Courts Act 2013 (Vic) empowers courts to make suppression or non‑publication orders in a broader range of matters to prevent prejudice to the administration of justice, protect the safety of parties or witnesses, or avoid undue distress.
How this affects you:
If you are a parent navigating separation, an existing Intervention Order, or media interest in your family law matter, it is important to understand how these laws interact and what they mean for your safety, privacy and relationship with your children. Early and tailored legal advice can help you make decisions, minimise risk, and ensure that any Court orders – including IVOs and parenting orders – are consistent with your family’s needs and the protections available to you. If you are unsure about how an order applies to you, or concerned about possible media reporting, you should seek legal advice before taking any further steps.
Nicholes Family Lawyers have expertise advising clients across a wide range of family law matters, including complex parenting proceedings. Should you require any advice about your situation, please contact our office on (03) 9670 4122 to arrange an initial consultation.