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.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Read about our reduced hours over the holiday period.
Contacting us over the holidays.

When a family violence intervention order starts and ends

What must happen for a family violence intervention order to start and what happens when it ends.

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

A family violence intervention order starts when either:

  • court staff give the order to the respondent at court
  • the police serve (give) the order to the respondent.

An interim order will last until a magistrate decides whether to make a final order.

The magistrate decides when a final order will end. Usually, the end date will be written on the order. If there is no end date, the order will last until the court cancels or sets aside the order.

If you want the order to last longer, you should apply for an extension at least four weeks (and ideally eight weeks) before it ends.

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.

When does an intervention order start?

If the respondent was at the court hearing

If the respondent was at court when the magistrate made a final order or extended an interim order, they will get the order after the hearing.

The order will start when court staff give the order to the respondent. Learn more about what can happen at intervention order hearings.

If the respondent was not at court

The police can serve the interim or final order to the respondent. To serve the order, the police must give the order to the respondent in person and explain the order’s conditions (rules).

If the police cannot find the respondent, they can ask a magistrate for a 'substituted service'. This is when police give the order to someone else, such as the respondent’s family member or boss.

A magistrate will only agree to substituted service if:

  • police cannot serve the respondent personally
  • the person police serve is likely to give the order to the respondent.

I am a protected person (the person the order was made to protect)

The police should tell you when they have served the respondent so that you know when the order has started. It may not be safe to go home until you know the respondent has the order.

To find out if the respondent has been served, phone the police or court. It is best to check a day or two after the magistrate made the order.

When does an intervention order end?

Interim orders usually last until a magistrate decides whether to make a final order. A magistrate can also extend an interim order to make it last longer.

It is up to the magistrate to decide when a final order ends.

Usually, the end date will be written on the order.

If the order does not have an end date, it will continue to apply, even if a child named on the order turns 18. The order only ends if the court:

  • revokes (cancels) the order
  • sets aside the order after an appeal.

Can an intervention order be extended?

Yes. If a protected person still needs protection when an order is due to end, they can apply for it to last longer. They must do this at least four weeks (and ideally eight weeks) before the order is due to end. Learn more about extending an order.

No-one will remind you when your order is ending. It is up to you to check this. Consider putting a reminder in your phone or diary to remind you eight weeks before the end date.

If the order has ended and you are worried about your safety, you can apply for a new intervention order.

Can an intervention order be changed or cancelled?

Yes, however only a magistrate can change or cancel an intervention order. A protected person or respondent cannot make these decisions.

Anyone named on the order might be able to apply to change it. Learn more about changing an order.

Key things to remember

  • An interim or final intervention order starts when the court or police give the order to the respondent.
  • If the police cannot find the respondent, they might give the order to someone the respondent knows. If this happens, the order will start then.
  • An interim order will last until a magistrate decides whether to make a final order. A magistrate can extend an interim order.
  • A final order usually lasts until the end date set by the magistrate, which is written on the order.
  • If there is no end date on the order, the order will continue to apply until the court cancels or sets aside the order.
  • If the order is ending soon and you still need protection, you can apply for an extension. You must do this at least four weeks (and ideally eight weeks) before the order ends.
  • If you are worried about your safety after your order ends, you can apply for a new order.
  • Anyone named on the order may be able to apply to change the 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.

Personal safety intervention orders

I need legal information about

Updated

Back to top
Legal Help Chat