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Family violence safety notices

If the police come after hours after a report of family violence, they can apply for a family violence safety notice.

A police officer can only apply for a family violence safety notice if they believe a respondent (person the family violence safety notice is against) is an adult. The police can not issue a notice against a person under 18.

A safety notice can protect:

  • an affected family member (person who needs protecting) to make sure they are safe from the respondent 
  • a child who has heard, seen or was around family violence in any way
  • the property of the affected family member.

Applying for a family violence safety notice

A police officer can apply for a safety notice if the court is not open. This is before 9 am or after 5 pm on weekdays, or on a Saturday, Sunday or public holiday.

A police officer can apply for a notice while they are at the family violence incident by phone or fax. A sergeant or higher ranking police officer looks at the application. If they agree the affected family member needs protecting, they can issue a safety notice.

A police officer can apply for a safety notice even if the affected family member does not want them to. The officer will make it clear to the respondent that applying for a safety notice is a police decision.

Getting a family violence safety notice

Once a family violence safety notice is issued, a police officer must serve (give) a copy to the respondent and explain what the notice means. The affected family member also gets a copy and the notice is filed with the Magistrates’ Court.

A family violence safety notice is also considered:

  • an application by the police for a family violence intervention order – see ‘Family violence intervention orders’ (link below)
  • a summons for the respondent to go to court.

The summons will tell you the time, date and place of the first mention date. This is the first date that you go to court. See ‘Going to court for an intervention order hearing’ (link below).

The first mention date must be within the 72 hour period after the safety notice is served on the respondent. If this is not possible because of a public holiday, it must be on the first working day after the public holiday.

How a safety notice works

A family violence safety notice starts once it has been served on the respondent by a police officer.

A safety notice has conditions (rules) to stop the respondent from using family violence. They may include the same conditions as a family violence intervention order. See ‘Conditions in a family violence intervention order’ (link below).

If the respondent disobeys the conditions, the police can arrest them. See ‘Breaking an intervention order’ (link below).

A safety notice continues until a magistrate decides:

  • to make a family violence intervention order and it is served on the respondent
  • not to make a family violence intervention order.

Leaving the family home

To protect family members, the police can include a condition that the respondent must leave the family home.

This means the respondent must not live, re-enter or visit the home until the first mention date. A magistrate will then decide what happens next.

If the respondent has nowhere to stay, the police will do their best to help find emergency accommodation.

If the respondent refuses to leave or returns to the family home, the police can use reasonable force to remove them. The police can also charge the respondent with a criminal offence. See ‘Breaking an intervention order’ (link below).

More information

Breaking an intervention order

Conditions in a family violence intervention order

Family violence intervention orders

Going to court for an intervention order hearing

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.