If there is an application and , the hearing date is usually about three weeks after the applies for an intervention order. It may be sooner if the (person who the application is against) has been arrested.
Before the hearing date
Before the hearing date, contact the court to see what time you need to be there. It's best to get there at least 30 minutes before the first court hearing. Usually, the first court hearing starts at 10 am.
We have more information on how:
When you get to court, go to the counter and tell the court you have arrived. The registrar will ask you if you wish to see the for free legal advice. It is important to get legal advice, even if the police are applying for an intervention order on your behalf. You should also consider asking to see the applicant or respondent practitioner.
Your case may not be heard straight away. Plan to be there for the whole day.
Do not go too far away. You need to be able to hear your name being called when your case goes into the courtroom.
Going into the courtroom
At court, you may not hear your name being called if waiting in the communal area. To ensure you don't miss the court proceedings, it is a good idea to wait in the courtroom while other cases are being heard. When you enter the courtroom, make sure you bow towards the bench where the is sitting.
When your name is called, stand behind the large table at the front of the court, facing the magistrate. The magistrate or clerk will tell you what to do.
Speak clearly and answer all questions you are asked. Try to stay calm, even if the other person behaves badly.
It is important to call the magistrate 'Your Honour'. You should also make sure you stand when being spoken to by the magistrate, and when you are speaking to him or her.
The magistrate’s decision
The applicant or person who needs protecting will be asked how long they want the order for, and the respondent can also tell the court what they would like, but it is ultimately a decision made by the magistrate.
The applicant or person who needs protecting can also ask the magistrate to make any other changes or the order.
If the magistrate makes a final order, they will read out the conditions and when the order will end. The order is then made.
Ask the magistrate to explain anything you do not understand.
Getting a copy of the order
Once the magistrate has made the final order, you can leave the courtroom. However, you must wait at the court while the final order is prepared so they can give you a copy. This can take a while.
Court staff will place the order on to the police database and send a copy to the police station nearest to the protected person.
Disagree with the decision
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
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Reviewed 14 September 2022