Applying for a family violence intervention order

What is a family violence intervention order?

A family violence intervention order is a court order to protect you from a person who has been accused of family violence. Learn more about Family violence and family violence intervention orders.

There is no shame in protecting yourself and your family. You have the right to do this. Remember it is violence that breaks up families, not your action to try to stop it.

What should I think about before applying?

Get legal advice

Asking for an intervention order means going through a legal process and going to court. It is best to get legal advice before applying. We can help you with free information and advice about family violence.

Get support from support services

Going through the application and court process can bring up a lot of emotions. If you find it difficult, know that this is common and you are not alone.

There are many services that can give you support before, during and after court. These include counselling, family violence support and other services.

Consider talking to someone you trust, like a friend or family member. They can offer practical and emotional support and can come to court with you.

Visit Other support for violence, abuse and personal safety for a full list support services.

How to apply for a family violence intervention order

If you are:

• over 18, and applying for yourself, you can apply through the Magistrates’ Court of Victoria by filling in a form online on their website or by downloading a copy and giving this to the registrar at court. You can also include your children in your application.
• between 14 and 17, or are applying for a child under 18 (and not yourself), you will need to apply through the Children’s Court of Victoria.

You can also ask Victoria Police to apply for you, or they may apply on your behalf. Find out more by visiting the Victoria Police website

Get support for your application

If you are not comfortable speaking, writing or reading English, or if you have a hearing or speech impairment, you can tell the court. They can get an interpreter for you.

What conditions can I ask for in the application?

The application form will ask what conditions you want in the intervention order. Conditions are rules the respondent must follow to stop them using family violence.

There is a list of common conditions on the form. You can ask for any other conditions that help you feel safe, based on your situation. Learn more about family violence intervention order conditions.

If you have children with the respondent, the order does not stop them having contact unless the children are at risk of harm.

Make sure the conditions are right for you and your children. Learn more about Children and family violence intervention orders.

What if the family member using violence is my child?

There are specialist services that work with young people who use violence, and their families.

Learn more at Children and family violence intervention orders.

Providing evidence at your registrar interview and court hearing

Evidence (proof) is information used in court to help the magistrate make a decision. Before you apply it’s a good idea to think about this and have this ready. When you get to court you can provide evidence if you have it.

Having other types of evidence can support your case, but you can get an intervention order just by telling the court what happened to you

Telling the court what happened

Telling the court what happened is the most important part of your evidence. You can apply for an intervention order without any other evidence.

It does not matter if no-one saw the violence towards you. The magistrate will listen to what you say happened. It also might be useful to understand more about Family violence.

Other types of evidence

Any other evidence that supports what you tell the court may help you get an intervention order. It can also help you remember what happened.

Witnesses

Witnesses are:

• other people who saw or heard what the respondent did, or saw the results of it, for example, bruises or damaged property. They must have seen or heard something themselves, not just rely on what you or someone else told them.
• someone who have seen or heard something themselves, and have not just relied on what you or someone else told them. This is important.

What witnesses have to do:

Witnesses do not need to come the first time you go to court, or to your first hearing. They may not be needed unless the case goes to a contested hearing, also called a final hearing.

However they may need to appear later in the court process, and you will need to send them a summons to appear in court. It is best to get legal advice or speak to the registrar at court to get help.

Photos, diaries and other written evidence

• Photos: you may have photos of injuries or property damage caused by the respondent.
• Diaries: you might keep a diary or record of things the respondent did, including the dates.
• Written evidence: any text messages, social media messages, emails, letters or notes showing threats, intimidation or family violence.

Medical evidence

• This includes doctor or psychologist reports describing physical injuries and any impacts on you mentally or emotionally.
• If the respondent does not agree to the order, you may need to get the doctor or psychologist to speak at the court hearing. Ask the registrar how to do this.

Police and legal evidence

• Police statements: if the police took a statement from you after an incident involving the respondent, they should have given you a copy. If the respondent does not agree to the order, you may need the police officer to speak at the court hearing. Ask the registrar how to do this.
• Legal documents: these are any relevant legal documents, such as previous intervention orders, parenting orders or child protection orders.

What to do with this evidence

Once you have made an application, the registrar at court will arrange an interview. Bring this evidence with you. They can help you prepare any evidence for the court hearing.

While having other types of evidence can support your case, you can get an intervention order just by telling the court what happened to you.

For more information on the application process visit the Applying for an intervention order (FVIO) page on the Magistrates’ Court of Victoria website.

Meeting with the registrar for an interview about your application

After you have submitted your application, you will meet with a registrar for an interview.

When you meet with the registrar, tell them what happened, including dates, times and places. It helps to give as much detail as you can.

Here are some useful steps:

1. Start with the most recent event.
2. Explain why you are afraid it might happen again.
3. Tell the registrar if the respondent has used or threatened to use a gun or other weapon.
4. Tell the registrar about any evidence you have.
5. Tell the registrar if you do not want the respondent to know where you are living.

The registrar will ask you about:

• your relationship with the respondent
• whether you have children with the respondent, and details about them
• what happened, including dates, times and places
• how the family violence has affected you
• why you are afraid it will happen again
• whether the police were involved and what they did
• previous court orders, such as parenting or intervention orders, and if you want them changed
• how to contact the respondent, including home and work addresses
• whether the respondent has a gun and permit, and where they keep the gun.

The registrar may ask personal questions about what happened. It may be upsetting remembering the details, so it might help to have someone you trust with you, like a friend or support worker.

You could also tell a friend about the interview and ask them to check in with you afterwards.

What happens after the interview?

After the interview the registrar types up your application.

You can then check the details are correct and the conditions are what you want. If you do not understand something, ask the registrar to explain. It is important to understand how the court documents can protect you.

Following your application and interview, the registrar will send a copy of the application, summons and any other court documents to the police.

The police will find the respondent and give them the documents.

Interim orders

Following your interview, you might be able to get a temporary intervention order. This is called an interim order. This is to help you get immediate protection until the court decides whether to make a final order.

Tell the registrar at your interview if you need an interim order. Sometimes, in urgent cases, the magistrate will look at your case that day and decide whether to make an interim order.

Once the respondent has been served (given) the interim order, they must follow its conditions. If they do not, they are breaking the law and the police can arrest them. Learn more about Breaching an intervention order.

Who needs to know about an interim order?

If you have children with the respondent, give a copy of the interim order to their childcare or school.

It is best to keep a copy with you – either paper or on your phone. It is also a good idea to keep a copy in places you regularly go, such as at work or if you are in another state.

How does the respondent find out about the application?

Following your application and interview, the registrar will send a copy of the application, summons and any other court documents to the police.

The police will find the respondent and give them the documents.

Will the respondent get arrested?

A registrar can issue an arrest warrant if they believe the respondent is likely to seriously threaten your personal safety or property. A magistrate may also issue a warrant.

If there is an arrest warrant, the police will arrest the respondent.

When do I have to go back to court?

Your court documents will include information about when your hearing is, called a mention date. This is the first court hearing that both you and respondent attend.

You can attend the hearing in person at court, or you may be able to attend online from your home or another location. Ask the court about this.

It is important to learn about:

• how to prepare for the hearing or going to court
• what happens during the hearing.

Can I cancel my application?

If the respondent or someone else tries to scare you into stopping your application, tell the police immediately.

If you want to withdraw your application, you will need to fill in a form saying why with the court you applied at.

For more information visit Change, extend, appeal or cancel a family violence intervention order.

Going to court for a family violence intervention order

Once you have attended your interview with the registrar, they will give you a copy of your court documents.

The court documents might be in the form of an:

• application and summons
• application and warrant
• interim order if the magistrate has made one.

The documents will have the date of your next hearing. Check all details are correct.

If you do not understand something, ask the registrar to explain. It is important to understand how the court documents can protect you.

For more information on what happens in court after your application and interview, visit Going to court for a family violence intervention order – affected family members.

If you are the respondent visit Going to court for a family violence intervention order – respondent.

Can the police help me if the respondent must move out?

Yes. If the family violence safety notice or order conditions say the respondent cannot live in your home, they must move out and cannot visit.

There may be a condition that says the respondent can go to the home to collect their things. If this is the case, the police will arrange this with you.

Someone you approve will need to be at your home when the respondent collects their things. You can also ask the police to be there if you are worried about safety.

If the respondent breaches the conditions (the rules of the safety notice or intervention order), tell the police immediately. Keep a record of every time this happens.

The police cannot evict the respondent. However, if the respondent breaches the conditions by visiting your home, the police can arrest them.

Can the police help me get my things from the house if I am leaving?

Yes. You can ask the police to go with you when you collect your things if you are worried about your safety.

Note that the police will be there to make sure that you are not threatened or assaulted, not to help you move your things.

Explore our publications and resources

• Safe at home: how to get a family violence intervention order
• Family violence intervention order applications – for affected family members
• You and family law
• Child support and the law
• Video: Going to court – how to plan for your day(opens in a new window)

Explore our related pages

• Family violence intervention orders
• What the police do about family violence
• Family violence safety notices
• Going to court for a family violence intervention order – affected family members
• What can happen at a family violence intervention order hearing
• Children and family violence intervention orders
• Family Advocacy and Support Services(opens in a new window) (FASS)
• Intervention orders for children and young people (under 18)
• How information and referral officers can help with family violence matters
• Other support for violence, abuse and personal safety.

Support from other organisations

• Magistrates' Court – Family violence intervention orders
• Children's Court of Victoria – What is a family violence intervention order?