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What the police do about family violence

Victoria Police takes family violence seriously. The police must respond to all reports of family violence. They can act even if you don’t want them to.

Safety comes first. This includes the safety of the police and the people who are present at the family violence incident, especially children.

How the police respond to a report of family violence

If you are in danger, the police will take immediate action to protect and support you. Call the emergency number ‘000’ and ask for the police.

If you have trouble understanding or speaking English, tell the first police officer you speak to so they can get an interpreter as quickly as possible.

If it is not an emergency, call or go to your local police station. See the Victoria Police website (link below) for location and contact details.

The police can search the person’s house and take any guns. Tell the police if you think the person who has used family violence has a gun.

The police can also refer you to support services for emotional, financial and legal support. These services can also help you to find a safe place to live, if you need to leave your family home.

To help protect people against family violence, the police also have the following powers.

Applying for an interim order

The police can apply for an interim order by phoning or faxing the Magistrates’ Court. An interim order is a short-term order to protect a person from family violence until a magistrate can hear all the evidence and make a final decision.

The magistrate can make an interim order if they believe an affected family member, their children, or their property need protecting. The police will give a copy of the order to the affected family member and the respondent. See ‘When an intervention order is made' (link below).

Issuing a family violence safety notice

The police can issue a family violence safety notice if a person needs immediate protection and the court is not open. A family violence safety notice is a notice to protect an adult from a family member who is using family violence. See 'Family violence safety notices' (link below).

Applying for an intervention order

The police can also apply for an intervention order for a person who has experienced family violence. They may do this even if you do not want them to, because they must put the safety of you and your children first. The respondent will be told that this is a police decision. See ‘Applying for an intervention order’ (link below).

If the police apply for an intervention order, they will also handle the court hearing. You still have to go to the court hearing and may have to give evidence, but they will speak for you at court. See ‘Going to court for an intervention order’ (link below).

If the police do not apply for you, they must still explain what action you can take. They must also refer you to a support service or make an appointment for you to see the court registrar.

Arresting a violent person

The police can arrest a violent person by applying to the Magistrates’ Court by phone or fax to get a warrant. The police may ask for a warrant if you need immediate protection from the violent person.

What the police can do once an intervention order is made

If a family violence safety notice, interim order or final order is issued, the police can make sure the protected person is safe while the respondent makes arrangements to obey the order.

For example, the police can:

  • be at the house when the respondent collects their things to make sure the protected person is safe and property is not damaged
  • search for and remove weapons.

If a respondent does not obey the conditions of a family violence safety notice, interim order or final order, the police can arrest the respondent and charge them with a criminal offence. See ‘Breaking an intervention order’ (link below).

Making a complaint about the police

If you want to complain about the police, take action as soon as possible after the incident. See 'Complaints about police' (link below).

More information

Applying for an intervention order

Breaking an intervention order

Complaints about police

Family violence safety notices

Going to court for an intervention order hearing

When an intervention order is made

Related publications

Family violence intervention order publications

Related websites

Victoria Police – your local police

How we can help

Call Legal Help 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.

Our other free legal services include:

  • advice at our 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 for details of organisations that can help with family violence, family dispute resolution and other support services.