If in immediate risk you should call the Police on “triple zero”. The Police are able to apply for an Intervention Order on your behalf as they are able to directly contact a “Duty Magistrate”.
The Police may be the Applicant to the order and will issue what is termed a “safety notice”.
Through this process they will discuss options for your immediate safety such as remove the perpetrator from the home or other measures to assist you (and your children) to feel safe.
In circumstances where you are not in immediate risk, you can either attend the local Police Station or the local Magistrates’ Court.
If you seek to attend the Magistrates’ Court you are able to call the Court prior to arranging an appointment to apply.
You are also able to attend the Court without prior notice and staff will assist you. It is helpful, although not a requirement to write down why you feel unsafe prior to attendance at either the Police Station or the Court as you may find it difficult to recall events.
The Court and Police are also able to access telephone interpreters on your behalf if required.
How much does an intervention order cost?
There is no fee attached to applying for an Intervention Order for either party. It is free of charge unless you use a lawyer, which is optional.
However, if you intend to be legally represented at Court, you will have to pay the legal costs of your solicitor or barrister. These costs can vary significantly so we suggest that you discuss fees with your solicitor before you proceed.
Each of the Magistrates’ Courts in Victoria offer a Duty Lawyer Service which is free. This is an alternative to a private lawyer. You should contact your closest Legal Aid office or Community Legal Centre to see if you qualify for legal aid.
The Duty Lawyer Service aims to assist people in particular who have experienced family violence or are at risk of experiencing family violence.
However, Duty Lawyers do not represent everyone and you should check if you are eligible for the Duty Lawyer Service before going to Court.
Sometimes the Court will order that the parties be represented by a lawyer. Pearsons has significant experience in Intervention Orders and was a firm involved in protocol establishment for Intervention Orders when they were first introduced in the late 1980s.
Which court do I go to for an intervention order?
If you wish to file an Application for an Intervention Order, you apply to your local Magistrates’ Court of Victoria.
You can find a Magistrates’ Court near you or log onto www.magistratescourt.vic.gov.au.
The following are examples of some Magistrates’ Courts:
Once the Magistrate (Judge) has made a decision in relation to your Application for an Intervention Order and you are either not happy with his/her decision or you disagree with the conditions set out in the Order you can apply to vary the Intervention Order at the Magistrates’ Court or to the County Court to appeal the decision/orders. The County Court is situated at 250 Williams Street, Melbourne.
Written by Pearsons Family Law.