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When an intervention order is made

There are two types of intervention orders that a magistrate can make. They are:

  • an interim order – a short-term order made until a magistrate can hear all the evidence and make a final decision 
  • a final order – a longer-term order made if a magistrate believes a person needs protecting.

Interim and final orders have conditions, like rules, that a respondent must obey. See ‘Conditions in a family violence intervention order’ and ‘Conditions in a personal safety intervention order’ (links below).

If the respondent disobeys the conditions on the order, the police can charge them with a criminal offence. See ‘Breaking an intervention order’ (link below).

Interim orders

A magistrate can make an interim order if they believe a person is not safe and needs protecting immediately. It usually lasts until a magistrate can hear more evidence and decide whether to make a final order.

An interim order can be made without the respondent (person the order is against) being at court or knowing about the order.

An interim order will usually last until the first hearing. The magistrate will then decide if the order should continue and for how long.

Final orders

A magistrate can make a final order if a respondent has either:

  • used family violence
  • assaulted, sexual assaulted, harassed, stalked, or threatened a person
  • damaged or interfered with a person's property

and the respondent is likely to do so again.

A magistrate can also make a final order if:

  • both sides agree (consent) to the order being made
  • the respondent has not opposed the order, for example, they did not turn up to the hearing.

See ‘Court proceedings for intervention order hearings’ (link below).

More information

Conditions in a family violence intervention order

Conditions in a personal safety intervention order

Court proceedings for intervention order hearings

Breaking an intervention order

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.