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Before a respondent goes to court

Below are the answers to some common questions for respondents. They may help prepare you for your intervention order hearing.

Do I need legal advice before going to court?
What else do I need to do before going to court?
What happens if I can’t attend court on the hearing date?
Will I get a criminal record?
Do I have to tell the court what I want to do before the hearing?
Can I ask the magistrate for contact with my children?
Can I talk to the affected person before the hearing?
What happens if the police involved?

Do I need legal advice before going to court?

Yes. Family violence is serious, and so are intervention orders. It’s a good idea to get legal advice before going to court.

Legal advice will help you be prepared for court, especially if you:

  • disagree with the order being made or any of the conditions
  • have children who may be affected by the 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).

It is also important that you understand:

  • what the order means
  • how this affects your behaviour
  • what happens if you disobey the conditions of the order.

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 
  • arrange any witnesses.

You may also need to get the court registrar to arrange an interpreter for the hearing.

What happens if I can’t attend court on the hearing date?

If you can’t attend the hearing, give the court as much notice as you can. You will need to contact the court registrar court 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.

Will I get a criminal record?

You don’t get a criminal record if you have an intervention order taken out against you. You are not being charged with a crime. It is a civil matter, not a criminal offence.

However, if you break the conditions of an intervention order, it becomes a criminal matter. You can be charged by the police with a criminal offence. See ‘Breaking an intervention order’ (link below).

Do I have to tell the court what I want to do before the hearing?

No, but it’s a good idea if you know what you want to do. See ‘Options for dealing with an intervention order’ (link below).

Ring the court registrar before the hearing if you are going to:

  • agree to the order 
  • disagree with the order because you are unhappy with the conditions.

If you agree to the order, but do not want to go to court, you can write a letter to the registrar telling them this. Remember, if you are on bail, you must go to court.

Can I ask the magistrate for contact with my children?

If you want to have contact with your children, get legal advice before the hearing. A lawyer can help you work out the best arrangement.

You need to give the magistrate as much information as you can about your relationship with the children and how much time you spend with them. The magistrate needs this information to make a decision.

If the order says you cannot have contact with the protected person but you can see your children, think about how this might work. For example, you could ask the magistrate for the order to include contact with the protected person, but only when you see the children.

You do not want to risk breaking the intervention order. See ‘Breaking an intervention order’, link below.

Can I talk to the affected person before the hearing?

No. Do not talk to the person who needs protecting about the application. You can get into trouble if the person feels threatened. It could also be used against you at the court hearing.

You may also be breaching bail conditions or an interim order. See ‘Breaking an intervention order’, link below.

This also applies when you are at court. If you start an argument in the courthouse, court security can get involved. This will not help your case.

What happens if the police are involved?

If the police applied for the intervention order, they will run the matter at court. This means they will speak for the affected family member (person who needs protecting). The police are less likely to agree to an undertaking, so you may need to consider your other options. See ‘Options for dealing with an intervention order’ (link below).

More information

Breaking an intervention order

If an application has been made against you

Options for dealing with 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.