If you are in immediate danger, call 000. For confidential support 24 hours a day, call 1800RESPECT (1800 737 732).
Every Australian state and territory has laws that allow a court to make an order protecting a person from family or domestic violence. In Victoria, this is called a Family Violence Intervention Order. The names and some procedures differ between states, but the core principles are similar.
What is family violence?
Family violence is much broader than physical violence. It can include threats, emotional or psychological abuse, economic abuse (such as controlling money), coercive and controlling behaviour, damaging property, harassment and stalking. Exposing a child to this behaviour is also family violence.
How an order is made
An application can be made by the person seeking protection, by police on their behalf, or in some cases by another person. Applications are heard in the Magistrates' Court of Victoria.
The court can make an interim order quickly, sometimes on the same day, to protect the applicant until the matter returns to court. The respondent is then served with the application and any interim order, and given a date to attend court.
Options for respondents
If you have been served with an application, you generally have three options:
- Consent: agree to the order being made.
- Consent without admissions: agree to the order without accepting that the allegations are true. This is often used to avoid a contested hearing.
- Contest: oppose the order, which leads to a contested hearing where evidence is tested.
Get legal advice before you decide. Conditions can often be negotiated, for example to allow contact for the purpose of arrangements for children.
What an order can include
Conditions commonly prevent the respondent from committing family violence, contacting or approaching the protected person, or going to their home or workplace. Orders can also exclude a person from the family home, and they usually affect firearms licences.
Breaching an order
A protection order is a civil order and is not, by itself, a criminal conviction. However, breaching any condition of an order is a criminal offence and can result in arrest, charges and penalties including imprisonment.
The overlap with family law
Protection orders and parenting orders often interact. The family courts must consider family violence when deciding parenting arrangements, and existing orders can affect how parents communicate and hand over children. It is important to get advice that looks at both together.
How we can help
We act for applicants and respondents. We explain the process, help prepare affidavits and evidence, negotiate conditions, and represent you at mention, directions and contested hearings.
