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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What the police can do about family violence

The role of Victoria Police in dealing with family violence.

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

Phone the police on 000 if you or someone you know is in danger.

Victoria Police responds to all reports of family violence.

The police can act to protect someone from family violence, even if the person does not want them to.

How do the police respond to family violence?

Victoria Police takes family violence seriously. If the police get a report of family violence, they must investigate.

To help protect someone from family violence, the police may:

The police can do these things even if no one involved in the family violence incident has asked them to.

The affected family member (person who needs protection) and respondent (person accused of family violence) will get a court document if:

  • police make a family violence safety notice
  • the court makes an interim order
  • someone has applied for an intervention order.

The court document will be a:

  • family violence safety notice
  • interim order
  • application and summons
  • application and warrant.

When giving one of these to the respondent, the police will explain the document and any conditions (rules the respondent must follow).

The police can also connect respondents and affected family members with family violence support services.

Police can arrest a violent person

The police can apply to the court for a warrant to arrest someone who has been violent towards people, property or pets.

Police can issue a family violence safety notice

If the police believe someone needs immediate protection, they can make a family violence safety notice. Learn about safety notices and what this means for you.

Police can apply for a family violence intervention order

If police make a safety notice, they will also apply for a family violence intervention order. If this happens, they will come to court and handle the case.

If you have a safety notice, the court will probably turn this into an interim order at your first hearing. An interim order is a temporary intervention order to protect someone until the court decides whether to make a final intervention order.

Police can apply for an intervention order even if an affected family member does not want them to. This is because the police must put the safety of affected family members and any children first. The police will tell the respondent that this is a police decision.

I am a respondent – what should I do next?

If you are the person accused of family violence, visit:

I am an affected family member – what should I do next?

If the police have applied for an intervention order to protect you, it is important to speak with them before your hearing. The police applicant’s name will be on the application you received.

There are things you can do to have a say about the order. You can tell the police and magistrate that you do not want the order or certain conditions (rules the respondent must follow). Learn more about how to prepare for your court hearing.

The magistrate will consider what you want but can still make an intervention order even if you disagree. If this happens, a final order can only have limited conditions. These include stopping the respondent from:

  • using family violence
  • damaging your property
  • getting someone else to use family violence or damage your property.

Whether or not you want the order, it is a good idea to get legal advice. A lawyer can help explain your options and what will happen.

If the police do not apply for you, they can explain how to apply for an intervention order yourself. They can also connect you with legal and support services.

What can the police do once a safety notice or intervention order is made?

If the respondent disobeys the safety notice, interim order or final order, they are breaking the law. This is called a breach. The police may arrest the respondent and charge them with a criminal offence.

Learn more about breaching an order or safety notice.

How can I ask the police for help?

If you, your child or someone else needs urgent help, phone 000 and ask for the police. The police can take immediate action to protect people from family violence.

If it is not an emergency, you can phone or visit a police station.

Tell 000 or the police if you want to speak in your language. They will get a free interpreter.

You can also use the National Relay Service to contact 000.

What if the person who used family violence works for Victoria Police?

If the person who used family violence works for Victoria Police, you may wish to view Victoria Police’s options guide. The guide explains:

  • your options for reporting family violence
  • the investigation process
  • where to get support.

What if I am unhappy with the police?

If you do not understand what the police say, ask them for more information.

Talking to a lawyer or support service may also help.

If you are angry about the safety notice or order, abusing the police will not help. This could lead to criminal charges.

If you want to complain about the way police handled something, take action as soon as possible. Get legal advice first, especially if the police have charged you with an offence. Learn more about complaints about police.

Key things to remember

  • Family violence is serious. Get legal advice as soon as possible.
  • Phone 000 if you, your child or someone else is in immediate danger.
  • If it is not an emergency, you can phone or visit a police station to report family violence.
  • If police believe family violence has happened, they can make a safety notice and apply for an intervention order. They can do this even if no one has asked them to.
  • If police apply for an order to protect you, speak with them before your hearing. Whether or not you want the order, it is important to have a say about how it will work.
  • If the respondent breaches (disobeys) the order or safety notice, call the police. Do this every time, even if the breach seems small.
  • Police can arrest a respondent who breaches an order or safety notice.
  • Police can arrest someone who is violent.
  • If you are unhappy with how police handled something you can complain. Get legal advice first, especially if the police have charged you with an offence.

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.

Victoria Police – family violence

Magistrates' Court of Victoria – family violence intervention orders

Magistrates' Court of Victoria – understanding police applications

Personal safety intervention orders

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