What is family violence?

Family violence is much broader than many people realise.

Most of us understand it includes physical acts such as punching, slapping, pushing or choking, as well as sexual abuse, including pressure to behave sexually in ways in which we are not comfortable.

But it is important to know that family violence takes in emotional and psychological abuse. This can include actions like name calling, put downs and swearing, as well as preventing family members from spending time with certain people, or going where they wish to go.

Family violence extends to controlling another person’s use of money or the opportunity to earn it, as well as threatening words and behaviours towards family members and pets. In addition, if a family member is intimidated, bullied, dominated, or they fearful for their safety, that is family violence too.

It even extends to exposing children to the consequences of family violence, such as seeing injured people or broken property, or the police arriving.

Family violence is much broader than many of us realise. And Intervention Orders are part of a strategy to ensure the safety of all members of our community.

Intervention Orders: The Application Process

When you get to Court, make your way to the registry counter. The registrar will note that you have arrived. If you are nervous about coming to court, you can bring a friend or support person with you.

If you haven’t already, you’ll be asked to fill in an Intervention Order Application Form. The registrar will let you know where you can sit to fill in the form. You may have to wait to see the registrar.

The Registrar will meet with you in a private interview room to talk about your application. They can let you know about the application process and what will have when you come back to court. You may be asked now for more details about what you put on your form. At any time during this interview, you can ask the Registrar for a break, or ask with speak to a Support Worker.

After this interview, the Registrar will type up your application. You will then be asked to read over your application, confirm the information is correct, and sign all pages.

The Registrar will lodge your application. They will also ask you if you want a temporary order, which is called an ‘interim intervention order’. This gives you protection until you come back to Court. If you want this protection, tell the Registrar. You will need to go into the courtroom and ask the Magistrate for an interim intervention order. You might have to wait at court for a while before you are called into the courtroom. The Registrar will also let you know when you application will come back to Court. The Court will send your application, and any orders made, to the police station closest to where the Respondent lives. Police will then attempt to serve the application and any interim intervention orders on the Respondent. This means the police will give the order to the respondent face to face.

Please remember that intervention order applications and any interim intervention orders made are not valid until police serve them on the Respondent face to face. At this time, the police will explain the order, or orders, to the Respondent.

If the Police attended a family violence incident that involved you, they can apply for an intervention order on your behalf. They will give you a copy of the application, and tell you which Court to go to and on what day. This means you will not have to have an interview with a Registrar, as the Police do this for you. The police can also apply for a temporary, or interim order, on your behalf.

Whether you are an Applicant or a Respondent, Support Workers can help you, free of charge, at most major courts across Victoria. The Registrar will ask you if want to speak to one.

Support Workers can help you throughout your Court hearings. They can also refer you to support services in your community. After you leave court, you may need help with difficulties you’re facing due to family violence.

There are also other agencies available at the Court if you need further help, including the Salvation Army and Court Network. They can help you while you are at Court.

The Registrar will also ask if you would like to speak to a free Duty Lawyer. On the day of your hearing, these lawyers can give free legal advice, negotiate with police or other lawyers for you, and represent you in the courtroom.

If the Police have applied for the intervention order on your behalf, they will appear in Court to ask the Magistrate to make an intervention order. If you disagree with the order the Police want, you can speak to a Duty Lawyer to get free legal advice about what you can do.

Please remember that Duty Lawyers can only give you advice about intervention order proceedings at Court on the day of the hearing.

If you need legal advice about other matters, or before you get to court, you can get help through Victoria Legal Aid, a community legal centres, or a private legal practice. Victoria Legal Aid and community legal centres also offer free legal information online and in educational publications.

If you are the Respondent to an intervention order, and face criminal charges on the same day, a Duty Lawyer can give you legal advice about your intervention order and your criminal charges.

An application for an Intervention Order must come before the Court so a Magistrate can decide whether or not to grant it.

The Affected Person and the Respondent will be seated in the Courtroom’s front row. They sit behind their lawyers, who sit at the bar table.

If the Affected Person has applied for the order, their lawyer will sit closest to the witness stand. If the Police have applied for the intervention order on behalf of the Affected Person, the police prosecutor or police lawyer will sit closest to the witness stand. The lawyer for the Respondent will sit at the end of the bar table, closest to the door.

At the start of the hearing, the Magistrate will ask the parties to outline what the intervention order application is about, and if they have come to an agreement between their lawyers. If the parties have not come to an agreement, the Magistrate may ask the affected person to give evidence about the information in their application.

A witness can choose to take an oath and swear on the Bible or other religious text. They can also choose to make an affirmation. This is a promise to the Court to tell the truth.

If the respondent does not come to court, the Magistrate may still ask the affected person to give evidence about the information in their application. This is so they have all the information they need to make a decision about the application.

The order prohibits you from committing family violence against the affected family member and their children.

Family violence has a very broad definition. It includes not only physical violence, such as punching, slapping, choking and unwanted sexual contact, but also includes emotional and psychological abuse. This can include actions like name calling, put downs or controlling behaviours, like stopping the affected family member from communicating with family and friends, restricting access to joint finances or threatening to harm pets. Allowing a child to witness or be exposed to the effects of the violence on another family member, is also prohibited.

You must not damage the protected person’s property, or attempt to locate, follow or keep them under surveillance.

You’re not to publish anything about the affected family members on the internet. That includes posting on social media or electronic messaging, material or images of or about or the protected persons.

You’re not to contact or communicate with them by any means subject to some exceptions.

You may contact the affected family member via letter, email or text to make arrangements to see your children, so long as you don’t use this as an opportunity to abuse, harass or threaten the affected family member.

Once you have a written agreement with the affected family member, you can spend time with the children in the manner specifically agreed. The written agreement can be reached, informally, for example, via an exchange of text messages. However, the affected family member must agree to what is proposed. You will not be able to see your children if the affected family member does not agree.

The agreement can also be a formal written document which might be reached through mediation via family law processes. Or it might be a Court order.

You must arrange to return any personal property belonging to the protected persons within 2 days of you receiving this order. Those arrangements can be made through a lawyer or through police

All other communication with the affected family member must be through a lawyer or an accredited mediator.

You are not to approach or remain within 5 metres of the affected family member or the children at any time.

If you need to collect some personal belongings you can return to your home address in the company of police or someone agreed to by the affected family member. Otherwise you must stay at least the distance specified in the order, usually 200m, away from that address or anywhere else where they live, work or go to school or childcare at all times.

And you’re not to get anyone else to do these things that you are not allowed to do, on your behalf.

You may have your firearms and/or weapons licence suspended or cancelled, and will have to hand in any firearms or weapons to police.

At the time of making this order the court may suspend or cancel any family law order made by the Federal Circuit Court or the Family Law Courts for 21 days from the making of this order. This means that you are not allowed to spend time with your children as set out in the parenting order until this order has been varied or lifted. You need to speak to a lawyer about your family law options.

An Intervention Order is a legally enforceable document that aims to provide protection for people experiencing family violence.

If you are experiencing family violence, an Intervention Order is meant to provide personal safety for you, your children and your property. It can place numerous conditions upon the person committing family violence. The Court calls the ‘Respondent’. The conditions include forcing the respondent to stop the violent behaviour, or stop them from coming anywhere near you or your family.

An Order can also place conditions that stop the respondent from contacting you in any way. This includes stopping the Respondent from getting another person to contact you for them. Conditions can also ensure the Respondent goes to counselling, and that any firearms licences are taken away.

It is important to know that an Intervention Order will not mean the Respondent gets a criminal record or conviction. This is true even if the police apply for an intervention order. However, a criminal offence to break the conditions of a family violence Intervention Order.

This website provides information such as how to obtain an Intervention Order, the kinds of Intervention Orders available, how to respond to an Order, the forms that must be completed, and what happens in Court. If you are unsure if an Intervention Order is the best approach for you, you can contact a Court Support Worker for further information.

The paperwork lets you know that someone has applied for an intervention order against you and that you have to go to court about this. The paperwork includes all details of the allegations made against you. It will also include details about your court hearing, which court to go to and what date and time. An Intervention Order is a serious matter. You should come to court and participate in the hearing. If you do not, the Magistrate can make a Final Intervention order against you. This might stop you living in any house you share with the Affected Family Member. It might affect how often you see or talk with your children.

There are a number of services that are available for you to speak to at Court. Whether you are an Applicant or a Respondent, Support Workers can help you at most major courts across Victoria. The Registrar will ask you if want to speak to one. Support Workers can help you throughout your Court hearings. They can also refer you to support services in your community. After you leave court, you may need help to address your behaviour. The Support Worker can help you do this.

The Registrar will also ask if you would like to speak to a free Duty Lawyer. On the day of your hearing these lawyers can give free legal advice, negotiate with police or other lawyers for you, and may represent you in Court. If you need legal advice about other matters, or before you get to court, you can get help through Victoria Legal Aid, a community legal centre or a private legal practice. Victoria Legal Aid and community legal centres also offer free legal information online and in educational publications.

At Court, you have a number of options. You can agree to an intervention order being made against you. If you do, a Final Intervention Order can be made at first hearing about the application.

You can also oppose, or not agree, to an Intervention Order being made. The application will then be listed for a ‘contested hearing’. This means at a future date both you and the Affected Family Member can bring witnesses to Court to give evidence. Based on this evidence, a Magistrate will decide if a final intervention order should be made.