How to Apply for an Intervention Order in Victoria

Applying for an Intervention Order in Victoria

To apply for an FVIO, lodge an application online or in person. For a PSIO, give the application form and a declaration or affidavit to your local court by email or in person.

Key points

Two types, two processes: FVIOs are lodged online or in person. PSIOs require emailing or delivering forms and declarations to court.
A registrar interview is part of every application: After lodging, a family violence or intervention order registrar will contact you to go through your application, explain next steps, and prepare the matter for a judicial officer to consider.
An interim order can be made before the hearing: If you need immediate protection, a magistrate or registrar can make an interim order before the respondent is notified, based solely on your application and registrar interview.
Children and family members can be included: If children or other family members also need protection, they can be added to your application. A magistrate can also include young people on an order even if you did not ask for this.

Applying for an intervention order in Victoria starts at the Magistrates’ Court and involves several clear steps. First, you lodge your application, then you have a registrar interview. If necessary, an interim order can be made before notifying the respondent, followed by a court hearing. Knowing what to expect at each stage helps you feel more prepared and reduces surprises along the way.

This article covers both types of intervention order available in Victoria: family violence intervention orders (FVIOs), governed by the FVIO Act (Vic.), and personal safety intervention orders (PSIOs), governed by the PSIO Act (Vic). The process is similar for both, but there are important differences, particularly around how you can lodge your application, whether mediation applies, and what threshold the court applies when deciding whether to make an order.

If you are in immediate danger, call triple zero (000). This guide is for people who are not in immediate danger and wish to apply for a court order.

Who Can Apply for an Intervention Order?

Any person who needs immediate protection from family violence or prohibited behaviour can apply for an intervention order in Victoria. In some situations, the Victorian police officer, a family member, or a person who can show that there has been domestic violence or abusive or threatening behaviour towards the victim can apply for an order. Adults can apply through the local Magistrates’ Court. Anyone under 18 or applying for someone under 18 should make the application through the Children’s Court of Victoria.

Choose the Right Type of Intervention Order Before You Apply

The first step is confirming which type of order applies to your situation, because the type determines the process, the court, and the legal test that applies.

Family Violence Intervention Order (FVIO)

An FVIO is available where the person you need protection from is a family member. Under the Family Violence Protection Act 2008 (Vic.), “family member” is defined broadly and includes people in an intimate personal relationship (current or former partners, regardless of whether the relationship was sexual); parents and children, including children of an intimate partner; and people treated as family members within the cultural structure of a family, including carers and guardians.

The conduct that grounds an FVIO application must constitute “family violence” as defined in the Family Violence Protection Act 2008 (Vic). Family violence includes physical, sexual, emotional, psychological, and economic abuse, as well as threatening or coercive behaviour that causes a family member to fear for their safety. Exposing a child to family violence is itself an act of family violence under the Act.

Personal safety intervention order (PSIO)

A PSIO is available where the person you need protection from is not a family member. As confirmed by the Magistrates’ Court of Victoria, PSIOs apply to disputes involving neighbours, workmates, acquaintances, and others outside family relationships. The conduct that grounds a PSIO application must constitute “prohibited behaviour” under the Personal Safety Intervention Orders Act 2010 (Vic.), which includes stalking, harassment, threats, and conduct causing physical or mental harm.

Who Can Apply for an Intervention Order in Victoria?

Pursuant to section 45 of the Family Violence Protection Act 2008 (Vic.), an FVIO application may be initiated by the affected person, Victoria Police, or authorised representatives. As the Magistrates’ and Children’s Courts exercise concurrent jurisdiction, applicants under 18 may apply through either jurisdiction.

For a PSIO, the affected person, a guardian, or police may apply. While non-police applicants cannot utilise the online portal, you may submit the completed application and declaration to the local court via email or in-person.

Victoria Police also has an independent power to apply for either type of order on behalf of a person and may do so even where the person at risk has not requested an application or does not want one made. Police do not need the consent of the affected person to apply.

There is no fee to apply for either an FVIO or a PSIO. Both are free court services.

What Information Do You Need Before You Apply?

Before applying for an intervention order, gather:

Information about the respondent’s identity and contact details
A clear and detailed account of the incidents, including how the respondent has behaved and why you fear it may happen again.
Details of any children or other family members who need protection and their relationship with the respondent
The conditions you want the Court to impose.

For evidence, it’s safe to have:

Photos, diaries, and other written statements showing threats, intimidation, or family violence
Doctor or psychologist reports describing physical injuries, urgent medical attention, and mental or emotional distress
Police reports or legal documents, such as previous intervention orders, parenting orders, or child protection orders.

Step 1: Complete and Lodge Your Intervention Order Application

Your application must be precise, cover every detail, and be filed in accordance with the requirements of whatever you’re filing for, the FVIO or PSIO Act. Here’s how you can do it.

For an FVIO

As confirmed by the Magistrates’ Court of Victoria, you can apply for a Family Violence Intervention Order online through the court’s online portal at fvio.mcv.vic.gov.au, or you can apply in person at your local Magistrates’ Court.

When applying through the Magistrates’ Court, you may either complete the online portal process or submit Form FVIO1 (Application for a Family Violence Intervention Order). In both instances, you must lodge a Declaration of Truth, which does not require witnessing and can be included within the application itself.

If you cannot safely complete your application online, the Magistrates’ Court recommends calling the court to discuss your options. In-person applications can be made at any Magistrates’ Court in Victoria.

For a PSIO

PSIO applications cannot be lodged online by a private applicant. You can give your completed application form, along with either a Declaration of Truth or an affidavit, to your local court by email or in person. As confirmed by the Victorian Law Reform Commission, the registrar at the court will assist you with the application process. If you choose to file an affidavit rather than a Declaration of Truth, the affidavit must be sworn or affirmed before an authorised person before you file it.

What the application must contain

Your application must include a description of the respondent’s behaviour, specifically what has happened, when it happened, and why you believe it is likely to happen again. It must also include the names and dates of birth of any children or other family members you are seeking to have protected, and their relationship to the respondent. You should also specify the conditions you are seeking, including any no-contact conditions, no-attend conditions, or exclusion from a home or premises.

Victoria Legal Aid confirms that you can apply for an intervention order without supporting documentary evidence. The court does not require you to have photographs, messages, or witness statements before it will accept your application. What you say happened is itself evidence.

Step 2: The Registrar Interview

After lodging your application, a registrar will contact you to go through it. As confirmed by the Magistrates’ Court, if you apply online for a PSIO, a registrar will contact you within five business days to process the application. For FVIO applications made online, the registrar will also reach out, though the timeframe may differ depending on the urgency and circumstances of the matter. If you apply in person for either type of order, the registrar may go through your application with you on the same day or may ask you to come back for a separate interview.

The registrar interview is an important step. The registrar will review your application with you and ensure it is complete, explain the next steps in the process, prepare the matter so a judicial officer can consider whether an interim order should be made, and, in some cases, discuss whether referral to mediation may be appropriate, particularly in PSIO matters.

The registrar cannot give you legal advice, but they can explain the court’s process and assist you to ensure your application sets out the relevant information.

Step 3: The Interim Order

After your application is lodged and processed, a magistrate or registrar can make an interim intervention order before any hearing process takes place and before the respondent has been notified. As confirmed by the Magistrates’ Court of Victoria, an interim FVIO can be made if the magistrate is satisfied that it is necessary to protect the affected family member. The magistrate does not need to be satisfied at this stage that family violence has actually been committed. The threshold is whether the interim order is necessary to ensure the safety of the person concerned.

An interim order can be made without the respondent present, often before they are even aware an application has been made. The interim order carries full legal force from the moment the respondent is served. Breaching an interim order is a criminal offence with the same consequences as breaching a final order.

The interim order specifies conditions that the respondent must comply with until the matter is resolved at a hearing or by consent. Common rules in an interim order may include bans on direct or indirect contact, restrictions on going to certain places, and rules about any contact the respondent can have with children during this time.

If an interim order is not made, for example, if the court considers the application may not meet the threshold or that the matter does not require urgent protection, you will be given a hearing date, and the matter proceeds to that hearing without interim conditions in place.

Step 4: Service on the Respondent

Once an application has been filed and any interim order made, the respondent must be served with the documents. As confirmed by the Magistrates’ Court, police are responsible for serving the respondent with a copy of the application, any summons, and any interim order that was made.

You can contact the Magistrates’ Court where you filed your application to confirm whether service has been effected. If an interim order was made, the police will inform you when they have served it on the respondent.

The respondent is legally bound by the conditions of any interim order from the moment of service. Before service, the order cannot be enforced against the respondent. If you become aware that the respondent has not yet been served and there is a risk of harm, you should contact police.

If the police have issued a warrant for the respondent’s arrest because they cannot be found, the respondent can be arrested and taken to court.

Step 5: Mediation (PSIO Matters Only)

For PSIO matters, there is an additional step which does not apply to FVIO applications: mediation. As confirmed by Victoria Legal Aid, parties in PSIO matters are generally required to attempt mediation before the matter proceeds to a contested hearing. The Dispute Settlement Centre of Victoria provides free and confidential mediation for PSIO matters.

Mediation is a process in which both parties meet with a trained independent mediator, initially separately, then sometimes together, to explore whether the dispute can be resolved without a court hearing. The mediator does not make decisions; they assist the parties to communicate and, if possible, reach an agreed outcome.

The PSIO application is put on hold while mediation is arranged and conducted. If mediation resolves the matter, no court hearing is necessary. If mediation does not resolve it, or if the Dispute Settlement Centre of Victoria assesses the matter as unsuitable for mediation, the matter returns to court.

Mediation is not required and will not be directed where it would put a party at risk. For example, where the conduct alleged involves stalking, where there are pending criminal matters against the respondent relating to the circumstances of the application, or where mediation is otherwise assessed as unsuitable given safety concerns.

There is no mediation requirement for FVIO matters.

Step 6: Attend Your First Court Hearing

The first court date, the mention hearing, is typically brief and is not a contested hearing. Its purpose is for both parties to indicate to the court how they intend to proceed.

At the mention hearing, the respondent will be asked whether they consent to the order, wish to contest it, or require an adjournment to obtain legal advice. If the respondent consents, the magistrate can make a final order on that day. If the respondent contests, the matter will be listed for a directions hearing and a contested hearing date.

If the respondent does not attend the first mention and has been properly served, the magistrate can make a final order in their absence.

As the applicant, you are required to attend the mention hearing. Victoria Legal Aid advises that you should plan to be at the court room for the full day, as matters may not be heard at the exact listed time. The court operates on a list, and your matter may be called earlier or later than the listed time.

Step 7: The Contested Hearing

If the respondent contests the application, the matter proceeds to a contested hearing. At the contested hearing, both parties give evidence under oath, witnesses may be called and cross-examined, and the magistrate decides whether the legal threshold for making a final order is satisfied.

The threshold for an FVIO

Under the Family Violence Protection Act 2008 (Vic.), a magistrate may make a final FVIO if satisfied, on the balance of probabilities, that the respondent has committed family violence against the affected family member and is likely to do so again.

The threshold for a PSIO

Under section 61 of the Personal Safety Intervention Orders Act 2010 (Vic), a magistrate may make a final PSIO if satisfied, on the balance of probabilities, that the respondent has engaged in prohibited behaviour against the affected person and is likely to do so again, or that the respondent’s behaviour would cause a reasonable person in the affected person’s position to fear for their safety.

In both cases, the applicant bears the burden of proof. The standard is the balance of probabilities, more probable than not, not the criminal standard of beyond reasonable doubt.

If the magistrate is satisfied the threshold is met, a final order is made. If not, the application is dismissed, and any interim order ceases. As confirmed by the Magistrates’ Court, you have a right to appeal a decision you disagree with to the County Court of Victoria.

What Happens After Your Intervention Order Is Granted?

A final intervention order will include the names of the parties and any protected individuals, the conditions the respondent must comply with, the specific prohibitions, the duration of the order, and a notice that breaching any condition is a criminal offence.

The magistrate reads the conditions of the order in court when it is made. Both parties receive a written copy. You must read and understand every condition of the order, including any exceptions that were negotiated or included by the magistrate.

How Long Does It Take to Apply for an Intervention Order?

The timing for applying for an intervention order is flexible and varies based on the urgency of your situation and the court’s availability. If you require immediate protection, you can request an interim order from the registrar during your interview. In urgent cases, the registrar may review your application on the same day to determine if an interim order is necessary. If your situation is not urgent, your case will follow the standard process leading up to the final hearing. Meanwhile, if you struggle with emotional distress, counselling services provide emotional support during the application process.

Can You Include Children or Other Family Members in Your Application?

It is highly advisable to include children or other family members who require protection in your application when you apply for a Family Violence Intervention Order. Under Section 47 of the Family Violence Protection Act 2008 (Vic), an application for a Family Violence Intervention Order (FVIO) on behalf of a parent can include an application for the protection of that parent’s child, provided both applications arise from the same or similar circumstances.

The legal system provides additional safeguards for minors. As confirmed by both the Magistrates’ Court and Victoria Legal Aid, a magistrate has the authority to include a child as a protected person on an intervention order even if the applicant did not specifically request it. If you have children exposed to the conduct you are applying to stop, include them in your application so the court can address their safety needs.

What Evidence Do You Need to Apply for an Intervention Order?

You don’t need to provide documents to apply. Victoria Legal Aid says the court will listen to your account of what happened, and your description of the respondent’s behaviour is the key part of your case. If you have extra evidence, it can help your application, but not having it won’t stop you from being heard.

Evidence that can support an application includes text messages, social media messages, emails, voicemails, and social media communications; photographs of injuries or damaged property; medical records or records from a support worker; police attendance records and family violence safety notices; and the evidence of any witnesses who saw or heard the relevant conduct themselves (not through what someone else told them).

You do not need to bring witnesses to the first court date or to your registrar interview. Witnesses are relevant if the matter proceeds to a contested hearing.

How Much Does It Cost to Apply for an Intervention Order?

There is generally no court fee to apply for an intervention order in Victoria. You can directly apply online or complete the paper-based family violence intervention order application form. You can also contact the court for options if you feel unsafe completing the application online. However, you may have to incur other expenses if you decide to seek legal advice or representation to understand your rights and responsibilities throughout the process.

What to Do Before Your First Court Date

Once you have filed your application and have a court date, there are several steps that will help you prepare. Organise any documentary evidence you have and keep copies in a safe place. If you have witnesses, make a note of who they are and what they can say about the conduct directly. You do not need to contact them yet unless the matter proceeds to a contested hearing. Read the conditions of any interim order carefully so you understand what is and is not permitted during the interim period. If you are concerned about attending court or your safety when attending, tell the court’s staff. The Magistrates’ Court has safety and security arrangements available.

If you are uncertain about any aspect of the process, consider obtaining legal advice before the first court date. Victoria Legal Aid, community legal centres, and duty lawyers at the Magistrates’ Court can provide assistance.

Common Mistakes to Avoid When Applying for an Intervention Order

Preparing your application carefully can help the court understand the urgency of your situation. Mistakes that may cause unnecessary delays:

Giving vague statements and describing incidents in general terms without exact dates, times, and specific actions of concern.
Forgetting to provide evidence, such as electronic communication, photos, text messages, or legal or medical reports, to back up claims.
Not including children or other affected family members in the application
Not addressing family safety needs clearly
Assuming you do not need to attend court after lodging your application
Not seeking legal support from Victoria Legal Aid or local community legal centres

What Happens If Your Application Is Refused?

The Magistrates’ Court can refuse your intervention order application if it finds the legal thresholds have not been met or that your matter lacks enough supporting evidence to justify the urgency. However, you may be able to make a new application if there has been a significant change in your situation or you have gathered sufficient additional evidence to support your case. In some cases, you may have the right to appeal. It is advisable to take legal advice before proceeding further.

Frequently Asked Questions

How do I apply for an intervention order in Victoria?

Apply for an FVIO through the Magistrates’ Court online portal. For a PSIO, submit completed application forms and declarations to your local court via email or in person. Both are free.

What is the difference between an FVIO and a PSIO?

A family violence intervention order (FVIO) applies where the person you need protection from is a family member, as defined under the Family Violence Protection Act 2008 (Vic.). A personal safety intervention order (PSIO) applies where the person is not a family member. For example, a neighbour, workmate, or acquaintance, and is governed by the Personal Safety Intervention Orders Act 2010 (Vic.).

Do I need evidence to apply for an intervention order?

No. Victoria Legal Aid confirms that you can apply for an intervention order based solely on what you tell the court happened. Documentary evidence such as text messages, photographs, and medical records can strengthen your case but are not required to lodge an application or to be heard.

How long does it take to get an intervention order in Victoria?

An interim order can be made on the same day as your application, before the respondent is notified, if the court is satisfied immediate protection is needed. A final order is made after a hearing, which may be weeks or months after the application depending on the court’s list and whether the matter is contested.

Can I include my children on my intervention order application?

Yes. Under section 47 of the Family Violence Protection Act 2008 (Vic.), you can include children in your FVIO application where the applications arise from the same or similar circumstances. A magistrate can also add a child to the order even if you did not request their inclusion.

Does the respondent get told about my application straight away?

Not necessarily. If an interim order is sought and made, it can be done before the respondent is notified. The respondent is informed when they are served with the application, summons, and any interim order. Police are responsible for effecting service.

What happens if the respondent does not come to court?

If the respondent has been properly served but fails to attend the first mention, the magistrate can make a final order in their absence.

Is mediation required before I can get an intervention order?

For a PSIO, parties are generally required to attempt mediation through the Dispute Settlement Centre of Victoria before a matter proceeds to a contested hearing. But mediation is not required where it would be unsafe or where the matter is assessed as unsuitable. Mediation is not required for FVIO applications.