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Applying for a family violence intervention order

Who can apply?

An affected family member can apply for an intervention order at any Magistrates’ Court in Victoria if they are over 18. Children can be included on an application. A police officer or any other person with the written consent of the affected family member can also apply.

A person can apply for an intervention order at the Children’s Court if they are:

  • between 14 and 18 with the leave of the court
  • applying for their child under 18 and the child is not already part of their application
  • applying for a child under 18 with the written consent of the child’s parent.

See s. 45—Family Violence Protection Act 2008 (Vic)(opens in a new window).

If the police apply

The police may apply for an intervention order after the court has closed. If they need to do this, they can apply by fax, phone or email. They will be required to file the application with the court before the first hearing date.

Police have power to apply whether or not the affected family member agrees to the application. If the family member does not agree the kinds of conditions that a court may order are limited.

If the police apply, the affected family member does not have to go to court. This does not stop a magistrate from making an order. However, it is better for someone to go to court so they can tell their side of the story to the magistrate and make sure that any order that is made contains conditions that they agree to.

How to apply

Applications must be made at the appropriate court—either the Magistrates’ Court or Children’s Court.

Applicants must make their complaints under oath or affidavit, unless the applicant is a police officer. A police officer can sign a certified complaint and include the police officer’s name, rank and station.

Application form

The Magistrates’ Court (Family Violence Protection) Rules 2008 set out the details of information that must be included in an application for an intervention order.

The information is the same whether the application is made at court or by electronic communication in remote areas or after hours.

See Magistrates’ Court—Application for a family violence intervention order(opens in a new window).

Online application forms

Online application forms are now accessible on the Magistrates' Court website.

Including children in an application

Parents may apply for orders to protect both themselves and their children if the applications arise out of the same or similar circumstances.

If this is done, the 2 matters will be heard together. The applicant and respondent can apply to the court to have the matters heard separately and the court can do this if it considers it appropriate.

More information

Legislation

Family Violence Protection Act 2008 (Vic)

  • s. 42—where an order is to be made
  • s. 43—how to make an application
  • s. 44—permits application to be made by electronic communication in some cases
  • s. 45—sets out who may apply for an order
  • s. 46—application for leave to apply
  • s. 47—application for protection of child may be included in application for protection of child's parent
  • s. 75—power to make a final order if the affected family member has not consented to the order

See Family Violence Protection Act 2008 (Vic)(opens in a new window).

Magistrates' Court (Family Violence Protection) Rules 2018 (Vic)

  • o. 4.03—applications for family violence intervention orders

See Magistrates' Court (Family Violence Protection) Rules 2018 (Vic)(opens in a new window).

Updated