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Family Violence Intervention Orders

An intervention order is a court order made by a Magistrate under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010.

An application for an intervention order can be made under the Family Violence Protection Act 2008 where there is a family relationship or a person is or has been involved in a relationship.

An application for an intervention order can be made under the Personal Safety Intervention Orders Act 2010 where there is no family relationship or the parties are neighbours or friends. For more information on applications made under the Personal Safety Intervention Orders Act 2010, please see the related Personal Safety intervention Orders page.

To view a mock court hearing for a family violence intervention order or a virtual tour of a courtroom in an intervention order hearing please look at our Virtual Court Site.

What is the definition of ‘family member’?

The term ‘family member’ in relation to another person means:

• A person who is or has been the affected family member’s spouse or domestic partner.
• A person who has or has had an intimate personal relationship with the affected family member.
• A person who is or has been a relative of the affected family member.
• A child who normally or regularly resides with the affected family member or has previously resided with the affected family member on a normal or regular basis.
• A child of a person who has or has had an intimate personal relationship with the affected family member.

A family member also includes any other person whom the affected family member regards or regarded as being ‘like’ a family member. For example a relationship between a person with a disability and the person’s carer may over time have come to be like the type of relationship that would exist between family members.

What is a family violence intervention order?

The purpose of a family violence intervention order is to:

• ensure the safety of the affected family member; or
• preserve any property of the affected family member; or
• protect a child who has been subjected to family violence committed by the respondent.

An intervention order restricts some behaviour of people, for example, what they can do, where they can go. An intervention order may prohibit or restrict a person (the respondent) from:

• committing family violence against the protected person
• behaving offensively towards the protected person
• approaching (or going near) an protected person
• attending at premises where an protected person lives, works or frequents
• being at a particular location
• following the protected person
• contacting or communicating with the protected person
• damaging property owned by the protected person
• arranging for another person to do what the respondent is not allowed to do as stated in the order.

An intervention order may also:

• direct the respondent to participate in prescribed counselling, or
• suspend or cancel any firearms licence, permit or authority or weapons approval or exemption held by the respondent.

Who can apply for a family violence intervention order?

An application for an intervention order may be made to the Court by:

• a member of the police force
• the affected family member
  if the affected family member is an adult, any other person with the written consent of the affected family member
• if the affected family member is a child -
  • a parent of the child
  • any other person with the written consent of a parent of the child or with permission from the Court
  • the affected family member with permission from the Court if they are of or above the age of 14 years
• if the affected family member has a guardian
  • the guardian
  • any other person with permission from the Court.

Where can I apply for a family violence intervention order?

An application for an intervention order can be made at any Magistrates' Court location in Victoria. This also includes the Neighbourhood Justice Centre.

When can a family violence intervention order be made?

A Magistrate may make an interim family violence intervention order pursuant to section 53 of the Family Violence Protection Act 2008 if satisfied on a balance of probabilities that it is necessary pending a final decision about the application to:

• ensure the safety of the affected family member; or
• preserve any property of the affected family member; or
• protect a child who has been subjected to family violence committed by the respondent.

An interim family violence intervention order is a temporary order which is made to give the affected family member protection until the application for the intervention order can be listed before the Court (usually 2 weeks). This period also allows the Court to have the respondent served with the application – generally the police will give the respondent a copy of the application.

A Magistrate may make a final family violence intervention order pursuant to section 74 of the Family Violence Protection Act 2008 if satisfied on the balance of probabilities that the respondent has committed family violence against the affected family member and is likely to do so again.

The Court makes a decision about whether to grant an intervention order on the ‘balance of probabilities.’ This means the Court makes its decision on whose version of the story is most likely to have happened.

Explanation of the family violence intervention order to the affected family member and respondent

If a Court makes an interim or final family violence intervention order, an written explanation of the order must be given to the affected family member and respondent which details the following:

• the purpose, terms and effect of the intervention order
• the consequences and penalties that apply if the respondent does not obey or comply with the intervention order
• how the intervention order may be varied, extended or revoked (cancelled)
• relevant family violence services offering legal, emotional or practical support available.

Duration of a family violence intervention order

The Court may specify a period for which an intervention order is to last until or alternatively may make an order that will remain in force indefinitely.

Is a family violence intervention order a criminal matter?

An application for a family violence intervention order is a civil matter between the parties, unlike a criminal matter which is between the State of Victoria and an individual.

If a family violence intervention order is breached (that is, the conditions of an intervention order are not complied with), the respondent may be charged by the Police with a criminal offence for breaching the intervention order.

The penalties for breaching an intervention order may be:

• fine up to $24,000
• imprisonment for up to 2 years
• fine up to $24,000 and imprisonment for up to 2 years.

Can a family violence intervention order be appealed?

A party to an intervention order proceeding may appeal to the County Court of Victoria against:

• the making of an intervention order;
• the conditions of an intervention order;
• the refusal to make an intervention order; or
• the refusal to impose certain conditions in an intervention order.

An appeal against an order of the President of the Children's Court of Victoria must be made to the Supreme Court of Victoria.
An appeal against a Magistrates' order must be lodged at the Magistrates' Court within 30 days of the order being made.

Extending, varying or revoking an intervention order

The court may make an order to:

• extend the duration of an intervention order (this application must be made before the original intervention order expires)
• vary the conditions of an intervention order
• revoke (cancel) an intervention order.

An application to extend, vary or revoke an intervention order may be made by any party to a family violence intervention order proceeding. All parties to the original application must be served with a copy of the application (including Victoria Police if the original application was made by a police officer).

If a respondent seeks to vary or revoke a family violence intervention order, they must first be given permission by the Court to lodge these types of applications. A Court would grant permission only if it is satisfied there has been a change in circumstances since the family violence intervention order was made and the change may justify a variation or revocation of the order.