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Before an applicant goes to the court hearing

Below are the answers to some common questions for people who want protection from an intervention order. They may help prepare you for your intervention order hearing.

Do I need legal advice before I go to court?
What else do I need to do before going to court?
Do I have to go to court for the hearing?
What happens if I change my mind and want to withdraw my application?
How do I change the hearing date?
What if the respondent wants an order against me?

Do I need legal advice before I go to court?

Yes, it’s a good idea to get legal advice before going to court. This is a legal process. Legal advice will help you be prepared, especially if you:

  • have children who will be affected by the order 
  • already have a parenting order 
  • have needs that the court should consider (for example, you run a business from home which could be affected if you have to leave the house)
  • feel unsafe or afraid about going to court, as special arrangements can be made.

The magistrate will want you to get legal advice if the respondent (person the application is against) disagrees with the intervention order being made.

You can get free legal advice from Victoria Legal Aid or a community legal centre. See ‘How we can help’, below.

What else do I need to do before going to court?

Before going to court you should:

  • get your evidence and paperwork together (see 'Evidence to support your application', link below)
  • arrange any witnesses who can support your story – they must have seen or heard something and not just rely on what you or someone else has told them
  • ask a support person, such as a family member or friend, to go with you to court.

You may also want to ask the court registrar to:

  • get an interpreter for the hearing 
  • arrange another way of giving evidence, if you are worried about having to face the respondent in court
  • help you to arrange a summons to get a witness to go to court.

It’s best not to take children to court, as you might have to wait a long time for your hearing. Also it may be upsetting for children to hear what is being said in the courtroom. So arrange child care if you need it.

Do I have to go to court for the hearing?

Yes, you should go. The magistrate can make an order even if you are not there. It’s important for you to have your say so you get an intervention order that works for you.

If you are worried about your safety at court, let the court registrar know. They may be able to make special arrangements to make sure you are safe.

If the respondent is trying to scare you out of going to court, tell the police or the court registrar immediately. You can also contact one of the support services listed in the ‘Getting help’ (link below).

What happens if I change my mind and want to withdraw my application?

If you change your mind about needing the order, you need to fill in a written notice of withdrawal. Contact the court to find out how to do this.

You can also go to court and let the court registrar know you want to withdraw your application. 

If you don’t let the court know that you want to withdraw your application, and the respondent comes to court with a lawyer, you may have to pay legal costs.

How do I change the hearing date?

If you want to change the hearing date, give the court as much notice as you can. You will need to contact the court registrar and explain why.

Changing the date of a court hearing is possible, but it can be hard to do. Once the date for a hearing has been set, the court may not be willing to change it unless both sides agree.

What if the respondent wants an order against me?

The respondent may say that they agree to an order being made if you also agree to an order being made against you. Do not agree to have an intervention order made against you unless you first get legal advice. Breaking an order has serious legal consequences. See ‘Breaking an intervention order’ (link below). 

More information

Evidence to support your application

Breaking an intervention order

Applying for an intervention order

Related publications

Family violence intervention order publications

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.