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Court proceedings for an intervention order hearing

When your name is called, go into the courtroom. Stand behind the table at the front of the court, facing the magistrate. The magistrate or clerk will tell you what to do.

Speak clearly and answer all questions you are asked. Try to stay calm, even if the other person behaves badly. It will help your case.

What can happen in the courtroom

What happens in the courtroom depends on how the respondent (person the application is against) chooses to respond to the intervention order.

The respondent can:

  • agree to an intervention order being made
  • ask for an undertaking instead of an order
  • argue against the order
  • ignore the summons and not go to court.

If the respondent agrees to the order

The magistrate will check that the respondent agrees to the intervention order being made.

 The respondent can agree to:

  • everything in the application
  • the conditions in the application, but disagree with the applicant’s description about what happened in the application (this is called ‘consenting without admission’) 
  • an order being made, but ask the magistrate to change the conditions to make it more workable so they don’t risk breaking the order.

The magistrate will ask the applicant what they think about any changes before they make a final decision.

If the respondent agrees to an undertaking

A respondent can ask the applicant whether they would accept an undertaking. This is a formal written promise to the person who needs protecting and the magistrate to follow certain conditions.

The applicant does not have to accept an undertaking. It’s their choice.

If both sides agree to an undertaking, the application for an intervention order can be ‘adjourned’ (put off). If the respondent doesn’t break the conditions agreed to, the applicant can withdraw the application for an intervention order.

If the respondent disobeys the conditions, the applicant can go ahead with the original application. However, breaking the conditions of an undertaking is not a crime. This means the police may not be involved if it is broken.

Get legal advice before agreeing to this option.

If the respondent argues against the order

If the respondent wants to fight the intervention order, the magistrate will not hear their arguments at the first hearing. This is called the first mention date.

You will need to go back to court for a contested hearing. This is when the magistrate hears all the evidence from both sides, including witnesses. It won’t be for at least 28 days after your first mention date.

A magistrate will only set a date for the contested hearing, if both of you:

  • have had a chance to get a lawyer
  • are ready for the contested hearing
  • agree to the date of the contested hearing.

At the contested hearing, the magistrate will listen to the applicant first, then the respondent.

If the respondent is not at court

If the respondent does not show up at the first court hearing, the magistrate will ask the applicant why the intervention order is needed.

If the applicant is not the person who needs protecting, the magistrate may also want to hear from them. They may have to give evidence in the witness box and swear an oath (or make an affirmation) to tell the truth.

The person who needs protecting should also tell the magistrate in their own words why they:

  • don’t feel safe 
  • are afraid the respondent will continue to be a threat.

If there is an interim order, the magistrate may just check if the situation has changed. Tell the magistrate if anything has happened since the order was made.

Sometimes the police may have difficulty finding the respondent to serve them with the court documents. If the respondent did not know about the court hearing, the magistrate may set another date for the hearing. The magistrate can also make interim order or extend an existing order.

The magistrate’s decision

The magistrate will make a final order if they believe that the respondent’s behaviour should be limited to protect another person. See ‘When an intervention order is made' (link below).

If the magistrate makes a final order, they will read out the conditions and when the order will end. The applicant or person who needs protecting can ask the magistrate to make any changes. The order is then made.

The magistrate will explain the order to the respondent. They will also explain what happens if they break the conditions of the order. See ‘Breaking an intervention order’ (link below).

Ask the magistrate to explain anything you do not understand.

Getting a copy of the order

Once the magistrate has made the final order, you can leave the courtroom. However, you need to wait at the court while the final order is prepared. This can take a while.

Read the order before you leave. Ask the court staff to explain anything in the order you do not understand. Also see ‘When an intervention order is made' (link below).

Court staff will place the order on to the police database and send a copy to the nearest police station to the protected person.

Disagreeing with the decision

If you are unhappy with the magistrate’s decision, or if you disagree with the conditions of the order, you can appeal to the County Court.

You must appeal within one month of the decision. Get legal advice first.

More information

Breaking an intervention order

When an intervention order is made

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.