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If an application has been made against you

This section is for respondents (the person the application is against).

The flowchart below outlines each stage of the family violence intervention order process. Select a step in the process to find out more about it.

Note: This is a general summary. It might be slightly different for you as each situation is different.

The applicant fills in an application form. This has information about what the family violence is, and why your family member needs protection. It lists conditions the applicant wants.The registrar types up the application and a summons. These are the documents you get. It has the date to come back to court for the first hearing.If your family member has been hurt or property damaged, the registrar can make a warrant to arrest you.The magistrate can make an interim order if your family member needs immediate protection.The police serve you with the application and any other court forms. They will also arrest you if there is a warrant.You need to go to court on the date on the summons or on your bail undertaking. Tell the registrar you are at court and whether you agree or disagree with the order. An order can be made even if you do not go to court.You agree to the order or consent without admissions.An undertaking is given, only if the applicant and court agree. The application is withdrawn.You disagree with the order. A contested hearing is booked in for a later date. You may have a directions hearing.An intervention order is made. You are given a copy.The court hears evidence and makes a decision.The court decides not to make an intervention order.

Get legal advice

Intervention orders are serious. Get legal advice before you go to court.

Victoria Legal Aid (VLA) 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).

If you are under 18, there are specialist youth services that can help you.

More information

When an intervention order is made

When an intervention order starts

Related publications

Family violence intervention order publications

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. 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.

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

Who else can help?

There are legal and support services throughout Victoria that can give you information and advice about what to do if someone wants to take out an intervention order against you.

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

If you are under 26, Youthlaw can help with:

  • confidential legal advice, information and casework services
  • information about your legal rights and responsibilities.

See the Youthlaw website (new window), call them on (03) 9611 2412 or email info@youthlaw.asn.au.

Help is also available at most courts, from court staff, court support schemes, duty lawyers or other services. Contact the court to find out what is available.

There are also services, such as the Men’s Referral Service, that work with people to help them change the way that they behave in relationships and to find alternatives to violent or harassing behaviour.

For contact details, see Getting help – services.