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What can happen at a family violence intervention order hearing

What happens in the courtroom and how many hearings you have depends on a few things. Every case is different.

On this page

If someone applies for a family violence intervention order, there will be a court hearing. Hearings help the magistrate decide whether to make an order.

There are different types of hearings. You may only have one or you may have more. Every case is different.

What happens and how many hearings you have depends on a few things, including:

  • what the respondent (person accused of family violence) chooses to do
  • whether the magistrate agrees that family violence has occurred and is likely to again
  • whether any children have experienced the family violence.

The respondent has options for dealing with an intervention order. They may:

  • agree to an intervention order being made
  • ask for an undertaking instead of an order
  • argue against the order
  • not go to the hearing.

Affected family members (people the order will protect) may be able to attend hearings online so they do not have to go to the court building.

Before your first hearing, it is best to get legal advice from a lawyer.

There are also many support services that can give you other types of support and information about family violence and the court process.

What is a family violence intervention order?

A family violence intervention order is a court order to protect a person from family violence. Learn more about family violence and intervention orders.

The person:

  • who applied for the order is called the applicant – this may be a police officer or someone seeking protection
  • who the order will protect is called an affected family member when the application is made, and a protected person once an order is made
  • accused of family violence is called the respondent.

How can I prepare for the hearing?

Going to court can bring up a lot of questions and emotions.

If you find it difficult or tiring, know that this is common and you are not alone. It may help to arrange support from a friend, relative or support service before the hearing day.

We have information and videos to help you prepare and answer some of your questions, such as:

  • When and where is my hearing?
  • Do I have to go to court?
  • How do I ask the court for an interpreter or other support?
  • Can I get free legal help?
  • What support services are available?
  • What should I wear and bring to court?
  • What should I do in the courtroom?
  • What if I feel unsafe at court?

Visit:

What is a hearing?

A hearing is when a magistrate listens to the application for a family violence intervention order.

You may only have one hearing or you may have more. Every case is different.

There are four types of hearings for a family violence intervention order. These are called:

Ex parte hearing

An ex parte hearing happens if an affected family member asks the court for an urgent temporary intervention order, called an interim order.

The respondent does not go to this hearing.

If an interim order is made, the respondent must obey it until the order ends or a magistrate sets it aside. If the respondent breaches (disobeys) the order, they are breaking the law and the police may arrest them.

Note: the magistrate can make or extend an interim order at any hearing before the final hearing.

Mention hearing

This is the first hearing that both the affected family member and respondent go to.

What happens may depend on:

  • what the respondent chooses to do
  • whether children have been exposed to the family violence.

If children are involved, the magistrate must consider what is safest for them. Learn more at Children and family violence intervention orders.

If you have a lawyer, they might speak to the other side or their lawyer.

If the police applied for the order, they will also help.

The rest of this webpage talks about what may happen at your first mention hearing and further hearings.

You might have more than one mention hearing.

Further details of allegations

The magistrate may order the applicant to submit more information about their application after the hearing. This is called ‘Further details of allegations’. The court may also order the respondent to submit their response.

Directions and final hearings

Jump to What if the respondent argues against the order (contests it)? to learn about these hearing types.

What if the respondent does not go to the hearing?

If the respondent does not know about the hearing

Sometimes the police may have difficulty finding the respondent to serve (give) them the court documents. If this happens, the magistrate may set another date for the hearing.

If the respondent knows about the hearing

If the respondent has the court documents and does not go to the hearing, the magistrate may still decide to make an order.

To make a final intervention order, the magistrate must be satisfied that family violence has occurred and is likely to again.

The magistrate will ask the applicant why the order is necessary.

If the affected family member is not the applicant, the magistrate may also ask them to talk about the family violence.

If the affected family member is under 18, they will not have to speak at the hearing.

If the affected family member is over 18, they may have to:

The affected family member should tell the magistrate in their own words why they:

  • do not feel safe
  • are afraid the respondent will continue to be a threat.

If there is an interim order, the magistrate may check whether:

  • anything has happened since the interim order was made
  • the situation has changed.

What if the affected family member does not go to the hearing?

If you applied for an order and do not go to the hearing, the magistrate might cancel your application.

What if the police applied for the order?

If the police applied for an order to protect you, it is a good idea to go to the hearing whether or not you want the order.

The magistrate can make an order even if you are not there. It is therefore best to go to the hearing so you can have a say about the details, such as:

  • how long the order will last
  • what conditions the order will have (conditions are rules the respondent must follow).

Talk to the police applicant before your hearing

It is best to speak with the police before your hearing to tell them what you want to happen. If the police do not agree with what you want, get your own legal advice from a lawyer. The police cannot give you independent legal advice.

Learn what the police can do about family violence at I am an affected family member – what should I do next?

Can I go to the hearing online?

It is often possible for affected family members to attend hearings online without going to the court building. This is to help you feel safer.

If you want a remote hearing, it is best to ask the court about this as soon as possible. Learn more at Going to court for a family violence intervention order – affected family members.

What if the respondent agrees to the order?

At the first mention hearing, the magistrate will check whether the respondent agrees to the order being made.

The respondent can agree to:

  • everything in the application
  • the order, but ask the magistrate to change the conditions to make it more manageable so they do not risk breaching the order
  • obey the order’s conditions (rules) but disagree with the applicant’s description about what happened (this is called ‘consent without admissions’).

The magistrate will ask the applicant what they think about any changes before they make a final decision.

If the respondent agrees, the magistrate might make a final order at this hearing. If this happens, you probably will not need to come back for another hearing.

What if the respondent asks for an undertaking?

A respondent can ask the applicant whether they would accept an undertaking. An undertaking is a written promise that the respondent will follow certain conditions.

The applicant does not have to accept an undertaking. It is their choice.

When Victoria Police is the applicant, it is very rare that the police will accept an undertaking.

If both sides agree to an undertaking, the application for an intervention order is withdrawn (stopped).

However, if the respondent breaches the undertaking, the applicant or affected family member can apply for a new intervention order.

An undertaking does not give as much protection as an intervention order. This is because an undertaking is not a court order, so breaching it is not a crime. If the respondent does not follow the undertaking, the police might not get involved.

Before agreeing to an undertaking, get legal advice.

What if the respondent argues against the order?

If the respondent contests (argues against) the order, the magistrate can only decide whether to make an order after hearing evidence at a final hearing.

This means both sides will need to come back for more hearings, including a directions hearing.

Directions hearing

The magistrate uses a directions hearing to prepare for the final hearing.

You will not give evidence (tell the magistrate what happened) at a directions hearing.

The magistrate may ask whether you:

  • need an interpreter for the final hearing
  • will have any witnesses at the final hearing
  • have a lawyer for the final hearing
  • have more evidence that you need to get from the other side
  • have obeyed any orders, such as an order for further details of allegations.

The magistrate might not set a date for the final hearing until the applicant and respondent:

  • have had a chance to get a lawyer
  • are ready for the final hearing
  • agree to the date of the final hearing.

What if I do not have a lawyer?

If you do not have a lawyer, the magistrate may make an order for us to arrange one. This might mean you have to fill in a Victoria Legal Aid form.

This lawyer will only be available to help with the part of the final hearing called cross-examination, explained below.

Can the magistrate make an intervention order at a directions hearing?

Yes, sometimes you can come to an agreement at a directions hearing and the magistrate will make a final order then. This means there will not be a final hearing.

The magistrate can also make an interim order to give the affected family member immediate protection until the final hearing.

Final hearing (also called a contested hearing)

This is when the magistrate hears all the evidence from both sides, including witnesses. The police might also give evidence.

At the final hearing the magistrate will listen to the affected family member first, then the respondent.

Cross-examination

If the other side has a lawyer, their lawyer can ask you questions to confirm what you have said. If you have a lawyer, they can question the other side for you. This is called cross-examination.

Your lawyer can:

  • explain how this will work
  • ‘object’ (try to stop) any inappropriate questions.

If the magistrate agrees that family violence has happened and is likely to again, they will make a final intervention order.

How can I prepare for the final hearing?

Get legal advice

If you have not spoken to a lawyer yet, you should before the final hearing. Do this as soon as possible. Ask the lawyer what you need to prepare.

Usually, you need to prepare to tell the magistrate what happened.

If the respondent does not have a lawyer and has refused one organised by Victoria Legal Aid, they may not be able to:

  • give evidence
  • use their witnesses
  • cross-examine witnesses or affected family members.

Witnesses

If there are witnesses who can support what you say, you may need to organise them to give evidence (speak) at the final hearing.

Witnesses are people who saw or heard relevant behaviour or events. They may have seen the results of family violence, 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.

If you saw a doctor or psychologist about the family violence, they might also be able to give evidence.

You may need to send your witnesses a summons to appear in court. Get legal advice or speak with a court registrar about how to do this.

Key things to remember

  • Hearings help a magistrate decide whether to make a family violence intervention order.
  • It is best to get legal advice as soon as possible before your first hearing.
  • Going to court can be difficult. There are many support services who can give you non-legal information and help.
  • There are different types of hearings. You may only have one or you may have more. Every case is different.
  • Affected family members may be able to attend hearings online so they do not have to go to the court building.
  • What happens and how many hearings you have depends on a few things, including:
    • what the respondent chooses to do
    • whether the magistrate agrees family violence has occurred and is likely to again
    • whether any children have experienced the family violence.
  • The respondent has options for responding to the application. They may:
    • agree to an intervention order being made
    • ask for an undertaking instead of an order
    • argue against the order
    • not go to the hearing.
  • The magistrate can make an interim (temporary) order at any hearing. The respondent must obey an interim order. If they do not, they are breaking the law and the police may arrest them.
  • If everyone agrees, the magistrate can make a final order at any hearing.

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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