Applying for an intervention order

You can apply for an intervention order at any Magistrates’ Court in Victoria if you are over 18. You do not need an appointment. You can include your children on your application. 

You can apply for an intervention order at the Children’s Court if you are:

• between 14 and 18
• applying for your child who is under 18 and they are not part of your application.

Applying for an intervention order can take a long time. It is not just a matter of filling in a form. The process of making an application is described below.

Get legal advice

Get legal advice before you go to court. Victoria Legal Aid can help you with free information and advice about family violence. You can also go to your local community legal centre for free legal advice. See 'How we can help' (below).

Go to court

Go to the counter at your local court and tell the court staff that you want to apply for an intervention order. You might prefer not to go to your nearest court for safety reasons – explain this to the court staff.

If you are not comfortable using English, tell the court staff straight away. They will get a qualified interpreter for you.

It is a good idea to go to court with a friend, relative or someone who can provide you with support. They can also help you tell your story clearly.

Take any evidence with you to court to support why you need an intervention order. See ‘Evidence to support your application’ (link below).

Fill in the application form

You need to fill in an application form for a family violence or personal safety intervention order. You can get the form from the court counter or download it from the Magistrates’ Court website (see link below).

You will be asked information about:

• names and birth dates of your children and other family members who need protecting and their relationship to the respondent (the person the application is against)
• the respondent, including information that can help identify and find them
• information about your relationship with the respondent
• if respondent has a gun or a firearms permit
• previous court orders, such as parenting orders or intervention orders
• how the respondent has behaved, including details about the incidents and why you think they are likely to occur again.

You will also be asked what you want the respondent to be prevented from doing. There are standard conditions on the form to help you. See ‘Conditions in a family violence intervention order’ or ‘Conditions in a personal safety intervention order’ (links below).

You can apply for any conditions you want. Think about what you need to make you feel safe. 

If you are applying for a family violence intervention order, you will also be asked if there is an associate (a person the respondent can influence to act for them) you think you need protection from.

If you include another person on your application, they become an ‘additional respondent’. This means that they have to follow the same conditions as the respondent.

Interview with the court registrar

Once you have filled in the application form, you will be interviewd by the court registrar. The registrar is a person who works for the court and helps you apply for an intervention order.

Give the registrar details about what happened, including dates, times and places. Start with the most recent event. Explain why you are afraid it might happen again. Tell the registrar if the respondent has used or threatened to use a weapon.

Some of what the registrar needs to know may be extremely personal – be prepared for this. Tell the registrar as much as you can. This helps the registrar write up your application.

If you think the respondent has access to a gun, let the registrar know. They can suspend the respondent’s gun licence. This means the respondent must hand in all guns to police.

Also tell the registrar if you want to change parenting orders. See ‘Family violence orders to protect children' (link below).

If you do not feel safe and want immediate protection, speak the registrar about getting:

• an interim order
• a warrant.

Getting an interim order

To get an interim order you will need to see a magistrate. You may be able to see a magistrate after your interview with the registrar. However, you may need to wait. If the court is busy, you may need to come back another day.

You can ask for the same conditions you included in your application for an intervention order. See ‘Conditions in a family violence intervention order’ or ‘Conditions for a personal safety intervention order’ (link below).

An interim order has the same power as a final order. See ‘When an intervention order is made’ (link below).

Getting a warrant

If the registrar believes your personal safety is seriously threatened, or that your property is likely to be damaged, they can issue a warrant. A warrant is a court order that means the police can arrest the respondent. A magistrate may also issue a warrant.

Get a copy of your application and any other court documents

After the interview, the registrar types up your application. Check the details are correct and the conditions are what you want. Once you agree with application, you will be asked to sign it.

The registrar will give you a copy of the application and the summons. A summons is a court document that tells you and the respondent when the court hearing is. 

You will also get a copy of any other court documents that the registrar has prepared. This may include an interim order or a warrant.

The registrar faxes a copy of the application, summons and any other court documents to the police. The police find and serve (give) the respondent the documents. See 'When an intervention order starts' (link below).

If the registrar or magistrate issued a warrant, the police will also arrest the respondent.

Going back to court

The summons will say the date of your court hearing. A hearing is when a magistrate listens to your application for an intervention order.

It's important to go to the hearing, so you get to have your say. If you don't turn up, the magistrate can still make an order, but you may not get an intervention order that works for you. See ‘Going to court for an intervention order hearing’ (link below).

If you have not heard from the court a few days before the hearing, call the registrar to check that respondent has been served with the court documents. If the police can’t find the respondent, the court date may be changed.

More information

Evidence to support your application

Conditions in a family violence intervention order

Conditions in a personal safety intervention order

Family violence orders to protect children

Going to court for an intervention order hearing

When an intervention order is made

When an intervention order starts

Related publications

Family violence intervention order publications

Related websites

Magistrates’ Court – Application for a family violence intervention order

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.

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