Home > Legal information > Intervention orders > When an intervention order is made > Respondents – frequently asked questions

Respondents – frequently asked questions

This section is for respondents (people an intervention order is against).

Below are the answers to some common questions about living with an intervention order for respondents.

Will I get a criminal record?
Do I have to leave home?
What does ‘no contact’ mean?
Will I still be able to see my children?
Will the order affect my job?
What about my gun licence?

Will I get a criminal record?

Getting an order taken out against you is not the same as being charged with a crime. It is what is called a civil process. It is not on the public record, but the police and the court will have a record. But the police must investigate, and you can get into serious trouble if you:

  • break the conditions of the order
  • act violently towards your family member or damage their property, whether there is an order or not.

These are crimes, so you could get a criminal record if you are found guilty of any of these.

Do I have to leave home?

A magistrate can make a condition that says you have to leave home. This is called an exclusion order. You can argue against this or any other condition. Get legal help.

If there is an exclusion order you must stay away or you will break the order. You do not lose all your rights to the house or your things. You may also be able to return at a later time, for example with the police, to get your things.

If you are under 18 the magistrate must also look at what housing and other support you will get before they make an exclusion order.

If you have to leave your home you can get legal and other help, such as finding accommodation.

What does ‘no contact’ mean?

‘No contact’ means you must not have any contact at all with the protected person – in person, by phone, text message, fax, letter, email or any other form of communication.

Think about how others will see your behaviour. If your children are covered by the order, repeatedly watching them from a distance when they are in a park or on the school grounds could be seen as harassment. See ‘Breaking an intervention order’ (link below).

It’s no excuse to say that you did not mean to disobey a condition in the order.

Will I still be able to see my children?

If the order affects you seeing your children, get legal help before you go to court. You have options.

Intervention orders can protect children. The magistrate will always ask if your children have heard, seen or been exposed to any family violence. If they have, the magistrate may decide to include them on your family member’s order or make a separate order.

It is the magistrate’s job to make sure children are safe. As part of this, children are not allowed to be involved in the hearings.

If there are already family law orders about children, the magistrate can make an intervention order that stops you seeing the children under that order, while the intervention order lasts. This is why legal advice is important, and can help you decide what to do.

Will the order affect my job?

If an order is made, it may affect your job if it stops you going to places you need to work at, or if you work with or near your family member. Talk to a lawyer if you are worried about this.

If you are found guilty of breaking the order you could get a criminal record. This may make it more difficult to get certain kinds of jobs or even travel in the future.

What about my gun licence?

An order can ban you from having a gun for five years or more and cancel any permits you have. The police can search for guns and other weapons, and remove any they find.

Get legal advice if you have any reason for having a gun, for example, you carry one for work.

More information

Breaking an intervention order

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 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.