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Intervention orders
An intervention order is an order made by a magistrate to protect a person from family violence or stalking.
You can get an intervention order even if there has been no physical violence. However, a magistrate will only make an order if you fear the behaviour will continue.
An intervention order places conditions on a person’s behaviour. For example, it can limit what the respondent (the person the order is against) can do and where they can go. The respondent may not be allowed to contact the protected person. See ‘What an intervention order does’ (link below).
If the respondent breaks any of the conditions the police can charge them with a criminal offence. The respondent can be arrested and fined or taken to jail. See ‘Breaking an intervention order’ (link below).
To get an intervention order you need to apply at the Magistrates’ Court. See ‘Applying for an intervention order’ (link below). If the respondent is aged under 18, the case may be heard in the Children’s Court.
Legal advice
Get legal advice before going to court. A lawyer can:
- help you fill in the application if you want to apply for an intervention order
- help you prepare for the hearing
- speak for you at court
- help sort out any other family law issues.
Words used in intervention orders
The person who applies for an intervention order is called the ‘applicant’ or ‘complainant’. This can be the person seeking protection. It may also be a person applying on their behalf, for example the police or a parent.
The ‘person seeking protection’ is the person who has experienced family violence or stalking. This may include children. They may also be called the ‘aggrieved family member’. If an intervention order has been made they are called ‘a protected person’.
The person who the intervention order is being made against is called the ‘respondent’. They may also be called the ‘defendant’.
Respondents may get a ‘summons’, ‘interim order’ or ‘warrant’. A summons is a court document that tells the respondent when they must go to the court hearing. An interim order is an order made by a magistrate until a final intervention order is made. A warrant is a court order that means the police can arrest you.
Ask the court staff or a lawyer to explain any words you do not understand.
More information
Applying for an intervention order
Breaking an intervention order
Court hearings for intervention orders
Intervention orders to protect children
What an intervention order does
Related publications
Applying for an intervention order
Responding to an intervention order
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 (new window) for more information and CLC contact details.
See Services that can help – Victoria for details of organisations that can help with family violence, family dispute resolution and other support services.