Family violence safety notices

How does a family violence safety notice work?

If the police get a report of family violence, they can apply for a safety notice when they attend the family violence incident.

Learn more about what the police do about family violence.

A safety notice is a document that has conditions (rules) about how the respondent (person accused of family violence) must behave. For example, it might say the respondent must:

• not come near or threaten an affected family member (person who needs protecting)
• leave the family home immediately.

A safety notice works like a family violence intervention order.

The respondent must follow the conditions. If they do not, they are breaking the law and the police can arrest them. Learn more about breaching (disobeying) a safety notice.

A safety notice can protect:

• affected family members
• children who have heard, seen or been around family violence in any way
• an affected family member’s property (home or things) and pets.

Police can only make a safety notice if the respondent is 18 years or older.

Getting a safety notice

Police will serve (give) the safety notice to the respondent and explain what it means. This is when the safety notice starts working. Police will also give a copy to the affected family member and the Magistrates’ Court of Victoria.

A safety notice is also:

• an application by the police for a family violence intervention order
• a summons for the respondent to go to court.

The summons will say the date, time and place of the first mention date or hearing, which will be within 14 days.

The respondent must go to the court hearing. The affected family member should also take part in the hearing – they may be able to do so online.

We have information to help you prepare for the hearing.

A safety notice continues until a magistrate decides whether to make an intervention order. If the magistrate makes an intervention order, the safety notice ends when the order starts.

How do police apply for a safety notice?

A police officer can apply for a safety notice in person, by phone or online while they are at the family violence incident. A sergeant or higher-ranking police officer checks the application. If they agree someone needs protecting, they can make a safety notice.

A police officer can apply for a safety notice even if the affected family member does not want one. The officer will make it clear to the respondent that it is a police decision.

Does the respondent have to leave home?

Maybe. The police can include a condition in the safety notice that says the respondent must leave the family home straight away. This means the respondent must not live in, enter or visit the home until a magistrate decides what will happen next.

If the respondent has nowhere to stay, the police will do their best to help find emergency accommodation.

If the respondent refuses to leave or returns to the family home, the police can use reasonable force to remove them. The police may also charge the respondent with a criminal offence for breaching (disobeying) the safety notice.

Will I get a criminal record?

Getting a safety notice or intervention order does not give you a criminal record.

However, if the respondent breaches the conditions, they are breaking the law and could get a criminal record. Learn more about breaching an order or safety notice.

Who needs to know about the safety notice?

If you are an affected family member it is a good idea to keep a copy of the safety notice with you. This could be a paper copy or on your phone.

If you have children, give a copy to their kindergarten, childcare or school.

What can I do if I have questions?

For information and videos to help prepare for your hearing visit:

• preparing for court if you are a respondent
• preparing for court if you are an affected family member.

Family violence and safety notices are serious. It is important to get legal advice as soon as possible. A lawyer can help you understand:

• what the safety notice means
• family violence
• intervention orders
• how to prepare for court.

The police applicant’s name, rank and station will be on the safety notice. You can contact them if you have questions about:

• the safety notice
• what the police want to happen next.

If you have questions about court, contact the court listed on your paperwork. You can also find court details by using the Find a court tool.

More support and information

• Family violence and family violence intervention orders
• Breaching an intervention order or safety notice
• If you are a respondent in a family violence intervention order application
• Respondent options for dealing with a family violence intervention order
• When a family violence intervention order starts and ends
• Going to court for a family violence intervention order – affected family members
• Going to court for a family violence intervention order – respondent

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.

Related links

Victoria Police – family violence

Magistrates' Court of Victoria – family violence intervention orders

Magistrates' Court of Victoria – understanding police applications

Personal safety intervention orders