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Responding to an Intervention Order

The information on this page applies to people who are respondents to intervention order proceedings and the case is heard at the Magistrates' Court of Victoria at Ballarat, Heidelberg, Melbourne, Frankston, Sunshine and Werribee.

Where you go when you get to court

When you arrive at court, you should ask to see the family violence registrar. The family violence registrar can let you know which court room your case will be heard in and can also put you in contact with the family violence respondent support worker and duty lawyer at the court if you have questions or want some advice.

Family Violence Respondent Support Worker

A respondent support worker is only available at the Ballarat and Heidelberg Magistrates’ Courts and can provide you with general information and connect you to services you may need after you leave court. For example, you may need some help arranging accommodation.

To make an appointment to speak to the respondent support worker, you must contact the family violence registrar. You can also visit the court between 9.00 am and 4.30 pm Monday to Friday. You will probably find it easier to speak to the respondent support worker in the afternoon, as they are often busiest in the morning.

The respondent support worker is available to male and female adults and their children who are respondents in an intervention order proceeding, or who have been charged by the police with a criminal offence arising from or including allegations of family violence.

Legal services

It is important to get legal advice before going in to the Court. Free legal help is available at the court for people with cases being heard in the Family Violence Court Division. This help is available from a 'duty lawyer'. To arrange to see a duty lawyer at the court contact the family violence registrar who will arrange this for you.

Interpreters

You can also ask for an interpreter at court if you do not feel confident speaking English. You do not have to pay for this service. If you need an interpreter at court, tell the family violence registrar as early as possible so that one can be arranged for you. 

Information and referral

Staff at the Family Violence Court Division have special training and knowledge in family violence matters. For access to information and referral to services at Court, speak to the family violence registrar. For access to further information and referral to services in the community, speak to the respondent support worker. 

Family violence and your children

Children may be included in intervention orders if they are victims of family violence. In addition, if you have children, the magistrate will ask if they have heard, witnessed or been otherwise exposed to family violence before making an intervention order. The Magistrate may decide to include the children in an adult's intervention order or make a separate intervention order for the children if the Magistrate believes that the children need protection from family violence. This is because family violence affects everyone in a family, including children.

Bringing children to court

The Family Violence Court Division and Specialist Family Service aims to increase the protection and wellbeing of children affected by family violence by reducing their involvement in legal proceedings to reduce trauma and also by asking questions about their needs when an intervention order is being made. Children will not be permitted to in the courtroom for this very reason. It is better if you do not bring your children to Court.

If possible, find someone to look after your children or see if you can come to court while they are at school or in care. This is because you may have to wait a long time at court before your case is heard by the Magistrate. If you do not have anyone to look after your children while you are at court, speak to the family violence registrar or applicant worker about child care options a few days before you come to court.

Family law and criminal cases

The Family Violence Court Division Magistrate can make decisions on any matter arising from an incident of family violence that can be heard by the Magistrates' Court. These may include criminal cases related to family violence and family law cases about child contact and residence or child support.

The Family Violence Court Division can also hear compensation claims for injuries arising from family violence incidents and applications to the Victims of Crime Assistance Tribunal.

If you have been charged with a criminal offence by the police because of family violence, you should obtain legal advice. To arrange to see a duty lawyer at court, contact the family violence registrar who can arrange this for you. The duty lawyer will be able to give advice but will not be able to appear for you in contested cases.

The Court may list some of your other cases for hearing at the same time as the application for an intervention order, if they are related to family violence. Tell the family violence registrar or the lawyer if you do not agree with these arrangements.