Family Violence Intervention Order Case Study: IVO Granted and Parenting Orders Suspended

Case Overview

Court: Heidelberg Magistrates’ Court

Matter: Application for a Family Violence Intervention Order involving child safety concerns and existing parenting orders.

Outcome: Successful Outcome. Final IVO granted protecting our client and his child, with specified parenting provisions suspended.

Family Violence Intervention Order Law

Under the Family Violence Protection Act 2008 (Vic), a Family Violence Intervention Order (IVO) protects individuals from family violence, including physical, emotional, psychological and economic abuse, as well as threatening or coercive behaviour.

An interim IVO provides temporary protection pending further proceedings, while a final IVO operates for a specified period.

Under s 68R of the Family Law Act 1975 (Cth), courts may also vary or suspend existing parenting orders in certain circumstances when making a family violence order.

Background

Aston Legal Group represented a father seeking protection for himself and his child from the child’s other parent.

Our client raised concerns about the Respondent’s alleged conduct, including substance use, unsafe driving and threatening behaviour. He also reported that the child, who had additional developmental and behavioural needs, experienced increased distress following time spent with the Respondent.

Given these concerns, our client sought an IVO and the suspension of relevant parenting arrangements established in March 2024.

Legal Process

On 10 February 2026, our client signed an application for an IVO naming himself and his child as protected persons.

On 18 February 2026, the Heidelberg Magistrates’ Court granted an interim IVO restricting the Respondent’s contact with the protected persons and prohibiting other specified conduct.

The Court also urgently suspended provisions of the existing parenting orders that permitted the Respondent to spend time with or communicate with the child.

At the final hearing in April 2026, the Respondent did not attend despite being served.

Outcome

The Court granted a final IVO and made a further order under s 68R suspending specified parenting provisions.

The IVO protects our client and his child until April 2028. It restricts the Respondent’s contact, communication and proximity to the protected persons.

Need Advice on an Intervention Order?

Aston Legal Group assists clients with complex intervention order applications, including applications involving family violence, child safety concerns and existing parenting arrangements.

Contact our experienced legal team to discuss your circumstances and how we can assist.