Applying for an intervention order
Learn more about how to apply for an intervention order, which can protect a person from unwanted behaviour from someone that is not a family member. This can include physical and mental harm. Protection can also be sought for children and property.
If you are in immediate danger or feel unsafe you should contact the police by calling triple zero (000). The police can apply for an intervention order on your behalf if they are concerned about your safety.
Before you apply for an intervention order
- If you need an intervention order, you are the affected person.
- If you are applying for an intervention order on behalf of an affected person, you are the applicant.
- The person you want protection from is called the respondent.
Before you begin your application there are a few things you will need:
- the name and address of the respondent
- the name and address of the affected person, if you are applying on behalf of someone else
- the consent of the affected person, if you are applying on their behalf.
If you are unsure about applying for an intervention order, or want more information, you can contact your local court.
Completing the application form
To apply for an intervention order, you need to fill out an application for a personal safety intervention order form and either a:
- declaration of truth, which is included in the application form; or
- affidavit.
If you complete the application with a declaration of truth, which is included in the application form, you will need to attend court in-person or online to provide evidence as to why you need an order.
If you complete the application form and affidavit, you must have an authorised person witness both documents. You will not need to attend court to provide evidence explaining why you need an order if you submit your application with an affidavit. However, you may be asked to come to court to provide more information.
You can find an affidavit template and information about completing an affidavit on the Department of Justice and Community Safety website.
Submitting your application
You will need to give the completed application form, and either a declaration of truth or affidavit, to your local court. You can do this by email or in-person.
You should complete the application form to the best of your ability before you give it to the court. This will help the registrar process your application and get it ready for the judicial officer to consider.
Processing your application
After you give your application to the court, a registrar will contact you by email or phone to confirm receipt of your application. If you submitted your application by email, a registrar will contact you in five business days or less, to process your application.
In some cases, the registrar will arrange for you to go to your local court to talk about the application.
The registrar can also:
- refuse to accept the application if it is made in bad faith, an abuse of process or made to cause annoyance, frustration or worry to the respondent; or
- direct the affected person and/or applicant and respondent to attend mediation.
After the registrar processes the application, you will need to attend court in-person or online to provide evidence as to why you need an order.
If you completed the application and an affidavit, your application may be processed in your absence by a registrar and considered for an interim intervention order by a judicial officer.
You can also ask the court to make an order to protect you straight away while a final order is being considered. This is called an interim intervention order.
Once the court processes your application, the court will decide if it is issued for an application and summons only, or if the application is considered for an interim intervention order by a judicial officer.
If the application is issued, you will receive a copy of all court documentation including the application, summons, intervention order and details of the next hearing date.
For more information about the hearing process, go to the preparing for your intervention order hearing page.
Informing the respondent
The court registrar will give a copy of the court documents to the police, who will then serve the documents on the respondent.
The respondent will get a copy of the application (including any affidavit provided in support) and either a summons telling them when to come to court or a warrant for the police to arrest them. If the court has made an interim intervention order, the respondent will also get a copy.
The interim order comes into effect when it is served on the respondent.
Confirming documents are served
The order will only be valid once it is served on the respondent.
You can find out if the police or registrar have served the respondent by:
- contacting the court where the application was made; or
- contacting the police station where the documents were sent.
Resources
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.