Home > Legal information > Intervention orders > Family violence intervention orders > Family violence orders to protect children

Family violence orders to protect children

Children who are exposed to family violence are particularly vulnerable. Family violence can have a serious impact on a child's physical, psychological and emotional wellbeing.

If you are applying for an intervention order, you will be asked if you believe that your safety or the safety of your children is threatened by the respondent (person the application is against). If you fear for your children’s safety, you can include them on your application.

You can ask the magistrate to stop the children:

  • living with the respondent
  • spending time with the respondent 
  • communicating with the respondent. 

If a child is not part of an affected family member’s (the person who needs protecting) application:

  • a parent or guardian can apply for an intervention order if the child is under 18
  • the child can apply for an intervention order if they are 14 or older and the court agrees.

In these cases the matter is usually heard in the Children’s Court. Ask the court registrar about this.

A magistrate must make decisions to protect children

A magistrate must consider if there are any children who have seen or heard the family violence. Therefore, the magistrate will ask the affected family member or respondent if they have any children and how the family violence has affected them.

A magistrate can decide to include a child on the final order, even if the applicant did not name them in the application. The child’s safety is the most important consideration.

If the magistrate decides that the child needs to be protected, the intervention order may say that the respondent can have no contact with the child.

Intervention orders and parenting orders

Intervention orders deal with family violence. They are separate from parenting orders.

When a magistrate makes an intervention order to protect a child, they must check if there are parenting orders in place. A magistrate can decide to suspend, vary (change) or discharge (cancel) a parenting order if certain conditions are met.

The relationship between intervention orders and parenting orders is complex. An intervention order does not stop the respondent applying for a parenting order to see the children. Get legal advice.

More information

Family violence intervention orders

Conditions in a family violence intervention order

Parenting orders

Related publications

Family violence intervention order publications

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ at the Magistrates’ Courts who can give you advice on the day of your hearing.

For some matters, we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

If you are in danger, call the police on ‘000’.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.

See Getting help – services for details of organisations that can help with family violence, family dispute resolution and other support services.