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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Family violence safety notices

Police can issue a safety notice if someone needs immediate protection from 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

If someone needs immediate protection from family violence, the police can make a family violence safety notice.

A safety notice works like a family violence intervention order. It has conditions (rules) that the respondent must follow.

The police can make a safety notice even if the person they are protecting does not want it. It is a police decision.

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:

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.

Key things to remember

  • If police think someone needs immediate protection from family violence, they can make a family violence safety notice.
  • Safety notices are serious. If you get one, get legal advice as soon as possible.
  • A safety notice has conditions (rules) about how the respondent (person accused of family violence) must behave.
  • Getting a safety notice does not give you a criminal record. However, if the respondent disobeys the conditions, they are breaking the law and could get a criminal record.
  • If police give you a safety notice, they will also apply for a family violence intervention order at court. You will need to go to a hearing within 14 days. We have information to help you prepare for the hearing.
  • A safety notice lasts until a magistrate decides whether to make an intervention order.

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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