Safety is the highest priority. Depending on the circumstances, there is a range of actions police can take in the event of a family violence situation. If a crime has been committed, police will investigate and may pursue charges.
Investigation and prosecution can take time so immediate safety for people who have been harmed or are at risk must be the priority.
Victoria Police will act to protect and prohibit any violent actions or behaviour from the person who has harmed their partner and/or family member.
The person who is using family violence is referred to as the respondent. The partner, ex-partner, children, siblings, relatives or other close relationship who are affected by the respondent are referred to as an affected family member or protected person.
Immediate civil (i.e. non-criminal) actions to manage risk and increase safety that police can take are to:
- issue a Family Violence Safety Notice (FVSN) to create immediate protection and/or
- apply to the court for a Family Violence Intervention Order (FVIO), or
- change an existing Intervention Order to increase protection
Family violence safety notices
Police will issue a family violence safety notice if a person needs immediate protection from a family member who is using family violence, before an intervention order application is heard in court.
The family violence safety notice includes conditions which the respondent must obey. The conditions contained in the notice set out what the respondent can and cannot do. If the respondent does not follow the conditions, they are breaking the law and can be arrested. This ensures victims of family violence are protected from the respondent.
The notice will be given to the respondent and affected family member/s and is enforceable once it has been given to the respondent by a police officer.
Police can apply for a family violence safety notice even if the affected family member does not want one to ensure the safety of the person and/or their family. If this happens, the respondent will be informed that this is a police decision.
The notice also includes a summons for the respondent to attend court. The summons will tell you the time, date and place of the first hearing. This is the first time that you will go to court. The family violence safety notice will continue to be enforceable until a magistrate in court decides:
- to make a family violence intervention order and it is served on the respondent
- not to make a family violence intervention order.
The respondent must continue to obey the conditions on the family violence safety notice until a decision is made by the court.
Leaving the family home
To protect family members, the police can include a condition that the respondent must leave the family home. This means that the respondent must not live in, re-enter or visit the home until the court hearing. On this date, a magistrate will decide what will happen next.
- If the respondent refuses to leave or returns to the family home after the family violence safety notice has been served, they are breaking the law and can be arrested.
- If the respondent has nowhere to stay, the police will refer them to emergency accommodation services.
Standard conditions
These are the conditions you can expect to see on the family violence safety notice. The police will select the appropriate conditions for your situation.
The respondent is prohibited from:
- committing family violence against the protected person(s)
- approaching, telephoning or otherwise contacting (including by email or text message) the protected person(s), unless in the company of a police officer or specified person(s) as listed on the family violence safety notice
- being anywhere within a specified distance (in metres) of the protected person(s)
- being at or within a specified distance (in metres) of the address(s) listed on the family violence safety notice or any other place where the protected person(s) lives, works or attends school/childcare
- causing another person to engage in conduct prohibited by this notice
The respondent must return:
- personal property of the protected person(s) or their family member(s). These items will be listed on the family violence safety notice
- personal property belonging to the protected person(s) and the respondent that will enable the everyday life of the protected person(s) to continue with as little disruption as practical. These items will be listed on the family violence safety notice
The respondent may:
- attend the residence at the specified address (family home) only in the company of a police officer or specified person to obtain personal property not required by this notice to be returned or to remain in the residence
The respondent is:
- excluded from the residence at the specified address (family home) and must allow all furniture/appliances that enable normal running of the home to remain
The Easy English booklet explains what constitutes family violence, what is a family violence safety notice and the importance of the standard conditions.
Family violence intervention orders
A Family Violence Intervention Order (FVIO) is a legal order issued by a court that aims to protect people from further family violence.
With more than 12,000 Family Violence Intervention Orders applied for each year, chances are you know someone who has been affected. We look at the different types of intervention orders (IVO) and how they can help protect you and your loved ones.
If an FVIO is issued it applies and will be enforced anywhere in Australia. Similarly, if a domestic violence order is issued in another state (orders may have different technical names) it will apply and be enforced in Victoria.
The Family Violence Safety Notice (FVSN) is like a short-term intervention order issued by police that aims to protect people until court. They both use some technical terms.
The person who is using family violence is referred to as the respondent.
The partner, ex-partner, children, siblings, relatives or other close relationship who are affected by the respondent are referred to as an affected family member or protected person.
The notice or order can also include an exclusion condition, which creates a safety zone around the person needing protection and any children.
It prohibits the person who has used family violence from coming near them or the places they go.
This may mean the person who has used family violence needs to live somewhere else.
An exclusion condition lasts until:
- the notice or order expires
- a court decision to vary; or
- a new Family Violence Intervention Order is served on the respondent
On the court day, a Magistrate considers what measures are necessary to provide ongoing protection. The Magistrate will decide if the exclusion condition needs to continue.
- A Family Violence Safety Notice (FVSN) or Family Violence Intervention Order (FVIO) alone does not create a criminal record.
- A Family Violence Intervention Order (FVIO) is a legal order issued by a court that aims to protect people from further family violence.
If an FVIO is issued it applies and will be enforced anywhere in Australia. Similarly, if a domestic violence order is issued in another state (orders may have different technical names) it will apply and be enforced in Victoria.
Disobeying conditions
The respondent is the person who must obey the notice or order.
If the respondent fully obeys the order, and has not committed any crimes, they will not have a criminal record.
The respondent must not commit any form of family violence. This includes:
- no physical or sexual violence
- no threats to hurt anyone
- no verbal or written abuse
- no sending abusive or threatening images
- no stalking
- no financial abuse
- no property damages
If there is an exclusion condition, it may direct the respondent to:
- not go near the protected people, or where they live or work or go to school or childcare
- not get other people to hurt, threaten, harass, stalk or abuse the protected people in any way
- There may also be conditions limiting communication by telephone, text message, email or social media.
- If the respondent disobeys any of the conditions on the order, and the police find out, the police may:
- arrest the respondent
- lay criminal charges
This could mean a criminal record and penalties result, for example fines or jail. Disobeying any condition is called a breach or a contravention of the order or notice. Only a court can change the order. The protected person cannot give the respondent permission to disobey a notice or order. Victoria Police, not the protected person, decide if charges are to occur. If you don't understand the order, or any part of it, ask the police or a legal service.
Attending court
Your Family Violence Safety Notice (FVSN) or Family Violence Intervention Order (FVIO) will have the date of court. You should be there. It is wise to plan to be at court all day. Before court, it is a good idea to call support services to fully discuss your situation and needs. When you arrive, tell the court worker at the counter you are there and if you want the help of a lawyer and other services. Ask if the court has a Family Violence Court Liaison Officer, who is a police officer who coordinates with all parties, when Victoria Police has applied for the Family Violence Intervention Order. On the court day, it is the respondent's responsibility to stay away from the protected people. There are often areas for respondents and protected people to sit. At court there are free legal services and support services who can explain your rights, options and the court process
The Magistrate will:
- listen to both legal representatives and may ask you directly what has been happening
- decide if a Family Violence Intervention Order is needed to provide protection and prohibit further violent behaviour
- consider what conditions are needed and how long the order will last.
The Magistrate's decision will replace the Family Violence Safety Notice (FVSN) or change any existing Family Violence Intervention Order (FVIO). After your hearing, wait in the court, for a copy of any new order.
Interstate orders
If a Family Violence Intervention Order is issued in Victoria, it will apply and will be enforced anywhere in Australia.
Similarly, if a Domestic Violence Order (DVO) is issued in another state or territory after the 25 November 2017, it will apply and be enforced in Victoria.
Interstate orders issued prior to the 25 November 2017 are enforceable in Victoria if they have been declared as a recognised order. For more information visit the National Domestic Violence Order Scheme(opens in a new window)
If you have any questions about your order, ask:
- your local police station
- a legal service or
- the services on the links on this page
Police will refer you to support services. Services may text or call you, or you can call services yourself.
The Magistrates Court can assist you:
- to apply for an family violence intervention order
- to apply for a variation to an existing family violence intervention order
- with advise if you need protection in another state (eg. if you live near the border)
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