If you are experiencing family violence or harassment, an intervention order can provide an important layer of legal protection. Understanding the application process at the Melbourne Magistrates' Court — and what an order can and cannot do — helps you take action with confidence.
In Victoria there are two types of intervention order. A Family Violence Intervention Order (FVIO) protects a person from family violence committed by a family member — including current or former partners, parents, children and other relatives. A Personal Safety Intervention Order (PSIO) protects a person from harassment, stalking or harm by someone who is not a family member, such as a neighbour or colleague.
Either type can be applied for directly by the person seeking protection (the applicant or affected family member), or by police on that person's behalf. Applications are heard at the Melbourne Magistrates' Court.
An intervention order can include conditions preventing the respondent from committing family violence, from contacting or approaching the protected person, from attending certain locations (such as the family home, the applicant's workplace or children's school), and from possessing firearms. Safety planning — thinking through what protection you need in practical terms — informs what conditions to seek. This is general information only.
You (or police on your behalf) file an application at the Melbourne Magistrates' Court. Police can apply at any time, including after attending an incident. You can also apply in person at the court registry.
The court can make an interim intervention order immediately — often without the respondent being present — if it is satisfied there are grounds and that the order is necessary for protection. An interim order is temporary pending the final hearing.
The respondent must be formally served with the application and any interim order. The matter is then listed for a hearing at which both parties can attend and the respondent can respond.
At the hearing, the court considers the evidence and can make a final intervention order with conditions tailored to the circumstances. Final orders can last for a fixed period or until further order of the court.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
Where your safety is at risk, we assist in preparing and filing urgent applications and can advise on obtaining police assistance for immediate protection.
We work through what conditions will provide you with practical, meaningful protection — location exclusions, no-contact provisions, firearms surrenders — and ensure the application reflects those needs.
We appear at the Melbourne Magistrates' Court on your behalf so you do not face the respondent alone, prepared and focused on achieving the best protective outcome.
Intervention orders can affect parenting arrangements. We ensure your application strategy does not inadvertently harm your family law position.
In urgent situations, an interim FVIO or PSIO can be granted by the Melbourne Magistrates' Court on the same day, sometimes without the respondent being present. Police can also apply for an FVIO on your behalf at any time. This is general information only.
You do not need physical evidence. Your account of events is important and taken seriously by the court. Records such as messages, photographs or a diary of incidents can be helpful but are not required to make an application. This is general information only.
Conditions vary depending on the circumstances. Common conditions include prohibiting family violence, prohibiting contact, requiring the respondent to stay away from certain locations, and requiring firearms to be surrendered. The court tailors conditions to the specific situation. This is general information only.
An interim order is a temporary order made quickly — often without notice to the respondent — to provide immediate protection. A final order is made after both parties have had an opportunity to be heard. Final orders can remain in force for years. This is general information only.
No. An intervention order is a civil order — it does not create a criminal record. However, breaching an intervention order is a criminal offence and can result in criminal charges. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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