Family Violence Intervention Orders

Family Violence Intervention Orders are governed by the Family Violence Protection Act 2008 (Vic)

An individual or the police (on someone’s behalf) can make an application to the Magistrates’ Court for an intervention order against a family member.

The person in need of protection on an intervention order is called the “affected family member”. The family member who the application is made against is called the “respondent”.

An intervention order contains conditions to prevent the respondent from committing family violence against the affected family member. Conditions of an intervention order may include:

• not to commit family violence.
• not to attend a particular location.
• not to communicate with the affected family member.
• not to stalk the affected family member.
• not to publish about the protected person online.
• not to damage property belonging to the affected family member.

A breach of the conditions imposed may result in a respondent being charged with a criminal offence.

What is Family Violence?

Family violence is very broadly defined to include actions that may not necessarily be a criminal offence. Family violence includes:

• physical or sexual abuse.
• economic abuse.
• emotional or psychological abuse.
• threatening or coercive behaviour.
• coercive behaviour
• threatening behaviour
• behaviour that in any other way controls or dominates a family member and causes them to fear for their safety or for another person. 
• causing a child to hear, witness or be exposed to family violence.

Family Violence Safety Notices

A family violence safety notice allows the police to provide immediate temporary protection to an affected family member. The police do not need to make an application to the Magistrates’ Court to obtain a family violence safety notice.

If a family violence safety notice has been issued it will provide conditions similar to an intervention order. It is very important that a respondent complies with the conditions of the family violence safety notice.

The family violence safety notice should also contain the details of which courthouse will determine the family violence intervention order application.

Interim Orders

The Magistrates Court may make an interim intervention order if:

• it is necessary to ensure the safety of the affected family member;
• it is necessary to protect property; or,
• it is necessary to protect the child of an affected family member.

Interim Orders will ordinarily protect the affected family member until the intervention order application has been finalised.

Final Family Violence Intervention Order

A court may make a final order if the court is satisfied, on the balance of probabilities, that the respondent has committed family violence against the affected family member/s and is likely to continue to do so or do so again. 

Common Questions

Can children be included on the intervention order?

More often than not children are included on the intervention order, together with the spouse. It is very common for the children to be included on the order, and the respondent will be prohibited from contacting or being in their presence. 

How long will the intervention order be in place for?

If satisfied, on the balance of probabilities, that family violence has occurred and there is an ongoing risk of family violence occurring, a final order will be made for a period of time that the Court deems appropriate.

Can I contest the application for a family violence intervention order?

Yes, you can. A respondent may contest an application for a family violence intervention order or consent without admissions to a final order. 

What is an undertaking?

An undertaking is a possible outcome for an intervention order application. An undertaking is likely to have similar conditions to an intervention order. It is an agreement between the respondent and the applicant that the respondent will meet certain conditions. Upon the respondent and applicant agreeing to an undertaking the applicant withdraws their application for an intervention order. 

Unlike an intervention order, police cannot charge someone for breaching the conditions of an undertaking.