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Getting court forms from the police

If someone has made an application for an intervention order against you, the police will serve (give) you:

  • a copy of the application, which will describe in detail what the applicant (person applying for an intervention order) says you have done
  • a summons, which includes details about the court hearing.

The police may also serve you:

  • family violence safety notice (see link below)
  • an interim order
  • a warrant for your arrest
  • a final notice.

Do not abuse the police, even if you are angry about the application. It will not help the situation. Remember, the police may also be enforcing the order later.

Getting an application and summons

The police will give you the application and summons in person. If you are not at the place you usually live, they can leave it with a person aged over 16 who appears to live there.

The summons lists the details of the court hearing, including the date. The application explains why the applicant wants an intervention order. The applicant may be a person who believes they need protecting from you. It could also be the police, a parent or guardian.

Getting an interim order

The police can give you an interim order with the application, summons and interim order. This means the applicant has seen a magistrate and the magistrate believes the person needs protecting from you until the court hearing. See ‘When an intervention order is made’ (link below).

An interim order does not start until the police have served (given) you a copy of the order. See 'When an intervention order starts' (link below).

Once you get a copy of the interim order, you must follow the conditions, even if you plan to argue against the application at the court hearing.

If you break the order the police can arrest you and charge you with a criminal offence. See ‘Breaking an intervention order’ (link below).

Getting a warrant

If you have seriously threatened the safety of a person, the police can get a warrant to arrest you.

If you are arrested, the police will usually release you on bail if you agree to:

  • the bail conditions, which are usually the same as the conditions in the application for an intervention order 
  • go to court on the date of the intervention order hearing.

You must follow all your bail conditions. If you break them, you can be arrested for breach of bail. The court can then give you more conditions to restrict your behaviour.

If you get a warrant, you must also go to court on the hearing day, whether you agree with the order being made or not. If you do not turn up you:

  • will lose the money paid for your bail 
  • can be charged with a criminal offence (failure to appear when on bail is a serious offence and it can make it harder for you to get bail in the future) 
  • can be arrested and the police may keep you in custody until the next hearing 
  • may be ordered to pay court costs.

More information

Breaking an intervention order

Family violence safety notices

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 for more information and CLC contact details.

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.