Preparing for your intervention order

If you are the respondent to a personal safety intervention order application, go to the responding to a personal safety intervention order page for more information.

Contacting the court

The best way to prepare for court is by completing the pre-court information form.

The form provides us with essential information to help us prepare your matter for court. The court will use this form to:

• contact you (if necessary) to prepare for your court hearing;
• provide you with court documents; and
• refer you to services that can help you (if you agree).

You can contact your local court by phone or email, or attend in person.

If there are less than seven days before your court hearing or you need help filling in the form, please contact your local court directly.

Taking part in the hearing

There are different ways to take part in the court hearing.

Applicants or affected persons

You can choose to take part in the hearing in the way that feels best and safest for you. You can take part: 

• in person, by going to your local court; or  
• online, from a safe and convenient location. 

Find more information about going to your local court for a hearing.

If you decide to take part in the hearing online, the court will send you a link to the online hearing before the hearing date. The court will also send you information about taking part in an online hearing.  

You can read the court's guidelines for attending an online hearing to find out more.

Police applications

If the police have applied for an order to protect you, you can choose how or whether to take part in the court hearing. You can take part in the hearing in-person at court or appear online from your preferred location.

It is important that you speak to the police about what you want to happen and what conditions you want the intervention order to have.

If you do not agree with the police application, you should take part in the court hearing so you can have your say. You can take part in the hearing in-person at a court venue or online from your preferred location. Even if you do not agree with the police application, the magistrate or judicial registrar can still make an order without your agreement.

You must complete the pre-court information form to tell the court how you want to take part in your hearing.

On the hearing day

A magistrate or a judicial registrar will consider the application for an intervention order and any evidence provided:  

• in a sworn affidavit included with the application; or 
• verbally at the hearing. 

Decisions a judicial officer can make 

There are different decisions a judicial officer can make at the hearing. These include:

• making a final intervention order or interim intervention order;
• directing you and the other party to go to a mediation assessment or mediation;
• refusing or striking out the application; or
• getting parties to come back to court for another hearing.

A lawyer can provide advice about your matter and what decisions a judicial officer can make.

Final and interim orders

A judicial officer can make a final intervention order or interim intervention order if:

• the affected person fears for their safety;
• the respondent has committed certain behaviours against the affected person (called prohibited behaviours);
• the respondent’s behaviour is likely to happen again; or
• the respondent has stalked the affected person and is likely to do so again.

A judicial officer can make an interim intervention order to provide protection while the court considers the application for a final order.

A final or interim intervention order will include conditions that tell the respondent how they cannot behave. The judicial officer will read out the conditions of the order. You can ask the judicial officer to explain anything you do not understand.

It is a criminal offence to break the conditions of a final or interim intervention order.

The intervention order will remain in place until it expires or is cancelled by a judicial officer. Go to the changing an intervention order page for more information.  

Refusal to make the order

The judicial officer may refuse to make an order or may make an order that you disagree with. If this occurs the matter may be adjourned to another date to be finalised. If the matter is finalised and you disagree with the decision, you can:

• appeal the decision of a magistrate in the County Court of Victoria. See the appeals and rehearings page for more information; or
• seek a judicial review of the decision of a judicial registrar. This will be heard by a magistrate. Contact the Magistrates’ Court for more information.

Court direction for mediation

A magistrate or judicial registrar can direct you and the other party to go to mediation or a mediation assessment, if the dispute is non-violent. The judicial officer will usually adjourn the hearing.

If mediation is successful, you may not need to return to court. You will be advised of the outcome and what to do.