Going to court for a family violence intervention order – respondent

Learn more about family violence intervention orders and if an application has been made against you.

If you are an applicant or affected family member (the person to be protected), visit going to court for affected family members.

When and where is my hearing?

Your court document will say the date, time and location of your hearing.

You will get a court document if:

• the police believe you have used family violence
• an application for a family violence intervention order has been made against you.

The document may be:

• an application and summons
• an application and warrant
• a family violence safety notice.

Do I have to go to the hearing?

It is best to go to the hearing so you can have a say about the intervention order. Going to the hearing can also help you understand what the order means for you.

Contact the court as soon as possible if you:

• cannot go to the hearing – get legal advice if this applies
• need to attend the hearing online – this will only be possible in limited circumstances.

You can find contact details for your court using the Find a court tool on the Magistrates' Court of Victoria website.

Note: if you do not go, the magistrate can still make an intervention order.

If you are on bail, you must go to your hearing.

Can I change the hearing date?

Changing the date may be possible, but it can be hard to do. Contact the court as soon as you can to ask. Use the Find a court tool.

How can I prepare for the hearing?

Learn more with our video: Going to court – how to plan for your day.

Get legal advice

Family violence is serious, and so are intervention orders. As soon as possible, it is important to get legal advice.

Legal advice will help you prepare for court, especially if you:

• have children who may be affected by the order (a lawyer can help you work out the best arrangement if you want to spend time with your children)
• already have a family court or children’s court order
• disagree with the intervention order or any of its conditions (rules)
• are on a visa (are not an Australian permanent resident or citizen)
• have needs that the court should consider (for example, you run a business from home which could be affected if you have to leave the house).

It is important that you understand:

• what the intervention order means
• how this affects your behaviour
• what happens if you breach (do not follow) the order.

At some courts there are lawyers who can help you at court on your hearing day. These are called duty lawyers. You do not have to pay for a duty lawyer.

When you arrive at court for your hearing, tell the registrar (a person who works for the court) if you would like to meet with a duty lawyer.

Consider your options for responding to the intervention order

It is a good idea to know what you want to do. Learn more about your options for dealing with an intervention order.

Speaking to a lawyer can help you understand your options and answer your questions.

Contact the court

As soon as possible, it is best to fill in a Pre-court information form available from the Magistrate’s Court of Victoria website.

This will help the court understand what support you need and how to safely contact you. If you would like to meet with a duty lawyer on your hearing day, you can say this on the form.

You can also contact the court by phone or email.

Before your hearing date, you can ask the court about:

• getting an interpreter
• accessibility, adjustments and support you need at court
• support workers and services
• any questions you have about court.

Prepare your paperwork and evidence

Before the hearing, get your evidence and paperwork ready.

This includes:

• court documents
• copies of any family court orders
• copies of bail or criminal charge sheets.

Work out whether you have any witnesses. What a witness says in court is also evidence. You do not need to bring any witnesses to your first hearing.

Plan to be at court all day

Even if your documents say to arrive in the morning, your hearing might be much later that day. It can help to plan ahead. Here are some things you may want to consider:

• Child care: if you have children under 18, try to arrange care for them so they do not have to come to court with you. Children may not be allowed in the courtroom during the hearing, to protect them from hearing about violence. If your children are at childcare or school, consider asking someone to pick them up and stay with them. If you cannot arrange care for your children on the hearing day, contact the court to discuss your options.
• Dress comfortably: wear clothes that are comfortable and neat. Sometimes emotions, like stress, can make you feel extra hot or cold – so consider bringing layers. You can wear culturally significant clothing, such as a headscarf.
• Getting there: plan how you will get to and from court. If driving, consider where you will park and whether you may need to pay for this. Allow extra time so you do not worry about being late.
• Take leave from work: take the day off work if you can.
• Care for yourself: think about how you can look after yourself before, during and after court. Consider talking to a friend, relative, counselling or support service.

If you can, it is a good idea to bring:

• Court documents and paperwork: anything you have about your case – either in paper form or on your phone.
• Phone, charger and a power bank: it might be difficult to find a place to charge your phone at court.
• Food and drink: you may not wish to leave the waiting area when waiting for your case to be called.
• Medication: any medication you need to take during the day.
• Something to help pass the time: for example, magazines or crossword puzzles.
• A support person: a friend, relative, advocate or support worker – they can wait with you and help you understand what happens on the day.

Can I talk to the other party?

If your bail, safety notice or interim order conditions say not to contact an affected family member, you must not contact them. If you do, you could be breaching the conditions and face criminal charges.

Even if you are allowed contact, it is best not to talk to affected family members about the intervention order. Except for your lawyer, other people also must not do this. It may seem like you are pressuring them and may work against your case.

If you approach an affected family member or start an argument in the courthouse, court security can get involved. You could get arrested.

Your documents may say you can talk to an affected family member about parenting arrangements or collecting your things. You will usually only be allowed to do so in writing (for example, text messages or email). You still must not talk about the intervention order, even if the other person wants to.

What will happen at court?

Arriving at court

1. Before the hearing date, contact the court to check what time you need to be there.
2. Plan your arrival time – it is best to arrive at least 30 minutes before the court’s first hearing The first hearing is usually at 9.30 am so try to arrive no later than 9 am, if possible.
3. When you get to court, you will go through a security screening. This is to stop people bringing items that are not allowed into court, like drugs or anything that could be used as a weapon.
4. Make sure you do not bring anything sharp, such as a pocketknife. It is also best not to bring glass bottles or containers. You might need to go through a metal detector. Security staff might use a wand to scan your body.
5. After security, go to the family violence counter and tell the registrar you have arrived.
6. Tell the registrar:

• if you have arranged to meet a support worker, interpreter or duty lawyer – the registrar may be able to help you find them
• if you would like to meet with a duty lawyer or need other services if you have not already arranged this
• which courtroom your hearing will be in.

Where should I wait?

You can wait in the waiting area or courtroom. Do not go too far away.

You need to be able to hear your name being called when the magistrate is ready for you. If you are worried you will not hear your name, tell the registrar

In the courtroom

Learn more about what happens during a hearing.

If you can, you must:

• bow to the magistrate when you (or they) enter and leave the courtroom
• call the magistrate 'Your Honour' when you speak to them
• stand when the magistrate speaks to you and when you speak to them
• speak clearly and answer all questions the magistrate asks you.

If you do not have a lawyer in the courtroom

When your name is called, go to the large table at the front of the courtroom and face the magistrate. The magistrate or clerk (the person who helps the magistrate) will tell you what to do.

After the hearing

After the magistrate finishes with your case, you can leave the courtroom. You must wait at court for a copy of the order or other paperwork. If there is a reason you cannot wait, tell the registrar.

Read the order or paperwork before you leave. Ask your lawyer or the court staff to explain anything you do not understand.
If an order is made it will go on the police database and a copy will go to the police station closest to the affected family member.

Disagreeing with the magistrate’s decision

If you are unhappy with the magistrate’s decision or with the conditions of the order, you might be able to appeal to the County Court.

To be able to appeal, you will need to show that the magistrate made an error when deciding your case. You must appeal within 30 days of the magistrate’s decision. Get legal advice first.

If your circumstances change and it becomes difficult to manage the order, you may be able to apply to change or cancel it.

Learn more about appealing or changing an intervention order.

What support services are at court?

There are workers who you might be able to speak with on the day of your hearing. Their support is optional and may be in person or over the phone.

It is best to contact the court as soon as possible before your hearing to give the services time to arrange support. Even if your hearing is very soon, it is still worth asking if they can help.

You can also ask the registrar when you arrive at court whether any support workers are available that day.

You do not have to pay for these services.

Respondent practitioners

Respondent practitioners work for the court. They can give you non-legal information, support and advice about family violence, court and the intervention order process.

Find out more about Respondent practitioners on the Magistrates' Court of Victoria website. They can also refer you to support programs and organisations.

Court Network

Court Network is a community service whose trained volunteers give support and information about going to court. They can also refer you to other services for support after the hearing. Court Network volunteers cannot give legal advice.

You can ask the court or contact Court Network.

Information and referral officers

Information and referral officers are available at some courts to help you deal with the court process.

They can give you non-legal information about many things and help you understand:

• the court process
• family violence and intervention orders
• what support services might be best for you.

They can also make referrals and connect you with support and counselling services.

Learn more at How information and referral officers can help with family violence matters.

You can ask the court or Victoria Legal Aid whether an information and referral officer is available at your court.

First Nations support

Specialist services are available to help with legal problems and court matters if you are:

• Aboriginal or Torres Strait Islander
• a non-Aboriginal partner or family member of an Aboriginal or Torres Strait Islander person
• a parent or carer of an Aboriginal or Torres Strait Islander child.

Learn more about Aboriginal and Torres Strait Islander support.

You can contact the court you are going to or the services directly.

LGBTIQA+ support

Specialist workers and services are available to support you if you are LGBTIQA+.

Learn more by visiting the Family violence practitioners page on the Magistrates’ Court of Victoria website.

You can either contact the court you are going to, or the contact these services directly.

More support and information

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

• legal services and how to find a lawyer
• services to support you if you are First Nations, LGBTIQA+, a migrant, refugee, young or older person
• services and counselling for people who use family violence
• free booklets, fact sheets, videos and other publications and resources.

Publications and resources

• Going to court – how to plan for your day
• Family violence intervention order applications – for respondents
• How to respond to a family violence intervention order
• You and family law: a short guide