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Applying for a family violence intervention order

Find out how to apply, evidence you can use and what happens at court

Anyone can experience family violence

It happens across communities and in all kinds of relationships.

Your experience of family violence might be different to someone else’s. A family violence intervention order is one way you can get protection.

Our My safety tool can help you understand common separation issues, plan for your safety and find support.

You can also learn more about family violence support services.

On this page

You can apply for a family violence intervention order through the Magistrates’ Court of Victoria if you are over 18.

If you have children who also need protection you can include them in your application.

You can apply for an intervention order at the Children’s Court of Victoria if you are:

  • aged between 14 and 18 and applying for yourself
  • applying for your child who is under 18 if you are not applying for yourself in the Magistrates’ Court.

You can apply for an intervention order just by telling the court what happened to you. Having other types of evidence can also help.

You may also be able to get a temporary intervention order, called an interim order. This is to help you get immediate protection until the court decides whether to make a final 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?

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.

Other support

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.

Do I need evidence?

Evidence (proof) is information used in court to help the magistrate make a decision.

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.

Other 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. Below are some examples.

Witnesses

  • This includes 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.
  • You do not need to bring any witnesses 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.
  • As you may need to send your witness or witnesses a summons to appear in court, it is best to get legal advice or speak to the registrar at court.

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 – any relevant legal documents, such as previous intervention orders, parenting orders or child protection orders.

What to do with this evidence

If you have these or other types of evidence, tell the registrar at your family violence intervention order interview.

The court will arrange this appointment once you have lodged your application. They can help you prepare any evidence for the court hearing.

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

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.

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.

How do I apply for a family violence intervention order?

To apply for a family violence intervention order:

  1. Fill in an application form online or at court.
  2. Attend your interview with a registrar. This might be at court or on the phone.
  3. Get a court hearing date. A magistrate might also make an interim order if you need immediate protection until the court decides whether to make a final order.

Online applications

If you are over 18, you can apply online through the Magistrates’ Court. If you apply online, a registrar will contact you to explain next steps.

In-person applications

If you are over 18 and want to apply in person, contact your local Magistrates’ Court to make an appointment. You can find contact details for your local court using the Find a court tool.

You can also visit the court without an appointment and ask for an application form when you arrive. Fill in the application form at the court and then give it to the registrar. The registrar might go through your application with you then, or may ask you to come back for an interview another day.

Note that anytime you go to court, you will need to go through a security screening.

Tell court staff if you are worried about your safety when visiting court.

If you are aged between 14 and 17, or are applying for a child under 18 (and not yourself)

You can apply through the Children’s Court of Victoria if you are:

  • aged between 14 and 17 and applying for yourself
  • applying for your child who is under 18 if you are not applying for yourself in the Magistrates’ Court.

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 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 intervention orders.

What will the court ask me?

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. 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.

Can I get an order straight away?

You might be able to get a temporary intervention order, 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.

What happens if the respondent does not follow the conditions (rules) of the 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.

What happens after the interview?

After the interview:

  1. The registrar types up your application.
  2. You can then check the details are correct and the conditions are what you want.
  3. Once you agree with the application, the registrar will ask you to sign it to confirm that the contents are true and correct.
  4. The registrar 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.

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.

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.

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.

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.

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.

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:

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. Contact the court registrar for more information. A magistrate will need to approve the application to withdraw.

Key things to remember

  • It is important to get legal advice as soon as possible.
  • You can get non-legal support from a family violence service. You may want to use our My safety tool. It can be difficult to talk to someone but help is available.
  • You can apply online or in person through the Magistrates’ Court if you are over 18.
  • Evidence is information used in court to help the magistrate make a decision.
  • Telling the court what the respondent has done to you is evidence. You may be able to get an intervention order without any other evidence.
  • Other evidence such as emails, text messages, doctor or psychologist reports and police statements can also help your case.
  • If you need immediate protection, the court can make an interim order to protect you until they decide whether to make a final order.
  • The respondent must follow the conditions of an interim order or family violence safety notice. If they do not, they are breaking the law. The police may arrest them and charge them with a breach.

More support and information

Visit Other support for violence, abuse and personal safety for information about:

  • legal services and how to find a lawyer
  • family violence and support services you can talk to about your situation
  • services to support you if you are First Nations, LGBTIQA+, a migrant, refugee, young or older person
  • free booklets, fact sheets, videos, and other publications and resources.

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