The court can make family violence intervention orders to protect children. Children can be included on their parent’s intervention order or have a separate order.
A magistrate can include a child on an intervention order even if the applicant does not ask for this.
A magistrate in an intervention order matter can change a parenting order.
If the person using family violence is your child, there are services that can help you.
Children who are exposed to family violence are particularly vulnerable. Family violence can have a serious impact on a child's physical, psychological and emotional wellbeing.
Children may experience family violence directly. However, the law says that a child also suffers family violence and should be protected if they:
- hear or see family violence
- comfort or help a family member who has been hurt
- see property in the family home that has been damaged through family violence
- are present when the police arrive for a family violence incident.
What is a family violence intervention order?
A family violence intervention order is a court order to protect a person from someone who has been accused of family violence. Learn more about family violence and family violence intervention orders.
If you are worried about how family violence is affecting your children, there are counselling and support services you or they can talk to. These include Parentline, Kids Helpline and many others.
Who can apply for an intervention order to protect children?
If the police get a report of family violence, they can apply for a family violence intervention order to protect adults or children. Learn more about what police do about family violence.
If you are applying for an intervention order for yourself, you can ask to include your children on the application. Learn more about applying for an intervention order.
You can apply for an intervention order 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 an order for yourself in the Magistrates’ Court of Victoria.
It is a good idea to get legal advice from a lawyer first. There are services that give free legal help to young people, including our organisation and Youthlaw. Some high schools have lawyers who may be able to help.
Magistrates make decisions to protect children
A magistrate must consider if there are children who have seen or heard the family violence.
If a child has been exposed to family violence, the magistrate must include them as an affected family member on the intervention order.
The magistrate can decide to include a child on the intervention order even if the applicant did not ask for this. It is the magistrate’s job to make sure children are safe.
An intervention order can say whether the respondent can have contact with the children, and how that will work.
The order could also stop the respondent:
- living with the children
- spending time with the children
- communicating with the children.
Even if the order does not allow contact between parents, it can include exceptions that allow them to:
- communicate in writing for the purpose of child arrangements only
- communicate through a lawyer or mediator
- follow an existing parenting plan or written agreement about child arrangements.
Learn more about intervention order conditions and what to do if you are a respondent and want to spend time with your children.
The court will try to make sure children are not involved in adults’ hearings.
How intervention orders can protect children
Family violence intervention orders are legally separate to parenting orders.
A family violence intervention order sets out conditions of the order that the respondent must follow. A parenting order sets out parenting arrangements.
An intervention order does not stop the respondent applying for a parenting order to spend time with their children. It is therefore important to get legal advice.
When a magistrate makes a family violence intervention order to protect a child, they must check if there are parenting orders in place.
Depending on the situation, a magistrate can decide to:
- suspend (pause) a parenting order
- revive (restore) a parenting order
- vary (change) a parenting order
- discharge (cancel) a parenting order.
The applicant or respondent can ask the magistrate to do these things, but it is up to the magistrate to decide.
What to do if your child is using family violence
Some young people may use violence or abuse against their family members.
This can be difficult because you may worry about consequences for them if you tell the police or ask for help. You may also worry that your parenting is responsible for the violence.
The most important thing is that you, your child and others are safe.
There are specialist services that work with young people who use violence and their families.
You can contact The Orange Door. They will listen to your worries and work with you to find help and support for your family.
If they believe children are at serious risk of harm, they may involve the Department of Families, Fairness and Housing’s Victorian Child Protection Service.
You could also talk to other support or counselling services, like Parentline or Safe Steps.
Key things to remember
- It is important to get legal advice as soon as possible.
- You can get support from a family violence or counselling service. It can be difficult to talk to someone but help is available.
- Children can be included on their parent’s intervention order or have a separate intervention order.
- A magistrate can decide to include a child on the intervention order even if the applicant did not ask for this. It is the magistrate’s job to make sure children are safe.
- Family violence intervention orders are legally separate to parenting orders. A magistrate making an intervention order can change a parenting order.
- If a child is using violence, there are services that can help.
More support and information
- Family violence and family violence intervention orders
- What the police do about family violence
- Family violence safety notices
- Applying for a family violence intervention order
- If you are a respondent in a family violence intervention order application
- Change, extend or appeal a family violence intervention order
- Going to court for a family violence intervention order – affected family members
- Going to court for a family violence intervention order - respondents
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.
Publications and resources
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