Family law

Family violence intervention orders in Victoria.

Intervention order matters move quickly and the consequences are serious for everyone involved. CMK Legal in Richmond can assist both applicants seeking protection and respondents answering an application in the Magistrates' Court, calmly and discreetly, and with the family law consequences kept in view.

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Advice from a lawyer

Represented at court by a lawyer who has prepared the matter properly.

Realistic timeframes

Urgent applications and first mentions attended at short notice.

Costs explained up front

Fixed fee for advice and a mention appearance, with fees explained for contested hearings.

Family Law Act & Victorian courts

Family Violence Protection Act 2008 (Vic) and Magistrates' Court practice.

How intervention orders work in Victoria.

Family violence intervention orders are made by the Magistrates' Court under the Family Violence Protection Act 2008. An application can be made by the affected family member or by police, and where police believe there is an immediate risk they can issue a family violence safety notice that operates until the first court date.

The court can make an interim order at the first mention, often on the same day, before any evidence is tested. A final order is made either by consent, with or without admissions, or after a contested hearing where witnesses give evidence. Orders typically run for twelve months or longer and can include conditions excluding a person from the family home, limiting contact and covering children as protected persons.

The definition of family violence is broad. It includes physical and sexual violence, but also emotional, psychological and economic abuse, threats, coercion and behaviour that causes a child to hear or witness that conduct. Breaching an order is a criminal offence carrying imprisonment, and a breach can occur even where the protected person initiated the contact.

If you are in immediate danger, call 000. This page is general information about the court process and is not a substitute for urgent safety advice or advice about a criminal charge.

How we act in intervention order matters.

For applicants

Preparing the application and the supporting material, seeking conditions that reflect the real risk, and dealing with police and the court so you are not doing it alone.

For respondents

Advice on what consenting without admissions actually means, negotiating workable conditions, and defending the application where it is not made out.

Protecting the children's arrangements

Order conditions and parenting orders interact directly. We make sure the conditions sought or agreed do not accidentally end contact with the children.

Keeping the temperature down

These matters often sit alongside a property settlement. Handling them without escalation usually improves the outcome in both.

Talk to us if.

  • You need protection for yourself or your children
  • Police have issued a family violence safety notice
  • You have been served with an application and a first mention date
  • You have been asked to consent to an order without admissions
  • An order would exclude you from your home or your children
  • You are alleged to have breached an existing order
  • You want an existing order varied, extended or revoked
  • The order overlaps with parenting orders already in place

Bring the application, any safety notice and the date of your next court appearance. Do not contact the other party about the application, even to discuss settling it.

How the court process runs.

  1. 01

    Advice before the first date

    We explain the application, the conditions sought and the realistic options, whether to consent, negotiate or contest.

  2. 02

    First mention

    Interim orders considered, conditions negotiated, and the matter either resolved or listed for directions.

  3. 03

    Negotiating conditions

    Most matters resolve on agreed conditions, frequently without admissions, which avoids a contested hearing.

  4. 04

    Contested hearing

    Where the matter is fought, we prepare the evidence, brief counsel where appropriate and run the hearing.

  5. 05

    After the order

    Advice on compliance, on varying or extending the order, and on how the conditions sit with parenting arrangements.

Transparent fees.

Initial advice and appearing at a first mention are quoted as a fixed fee. Contested hearings are estimated in writing once we know the number of witnesses and the listing length. Where the matter runs alongside a family law property or parenting matter, we quote them together so the work is not duplicated.

Request a fixed-fee quote

FAQs

Intervention order FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

What is counted as family violence?
The Act defines it broadly: physical or sexual violence, threats, coercion, emotional, psychological or economic abuse, and behaviour that in any other way controls or dominates a family member and causes them to fear for their safety. It also includes exposing a child to that behaviour.
What does consenting without admissions mean?
The order is made and is fully binding, but you do not admit the allegations in the application. It resolves the matter without a hearing. It still has real consequences, for firearms and some occupations, and potentially in a parenting matter, so get advice before agreeing.
Can an order stop me seeing my children?
It can. Children are often named as protected persons and conditions may limit contact. Conditions can be drafted to allow contact in accordance with family law orders or an agreed arrangement, which is why the two need to be handled together.
What happens if the protected person contacts me?
The obligation is on the respondent. Responding to contact initiated by the protected person can still be a breach, which is a criminal offence. If circumstances have changed, apply to vary the order rather than relying on informal agreement.
How long does an order last?
Interim orders run until the matter is finalised. Final orders commonly run for twelve months or more, and the court sets the period based on the risk. An order can be extended, varied or revoked on application.
Do I have to go to court?
There is a court process, but you do not always need to attend every listing if you are legally represented and the matter is being negotiated. For a contested hearing, attendance and evidence are required.

Related services.

Children's arrangements

Parenting plans and orders focused on stability for the children.

Learn more

Separation advice

What to do in the first weeks, covering the house, the accounts, the children and the paperwork.

Learn more

Consent orders

Your agreement formalised through the court so it is final and enforceable.

Learn more

Speak to us before your court date.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.

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