Family violence matters in Victoria can involve both civil and criminal proceedings at the same time. An intervention order can restrict where you live and who you contact, and breaching it is a criminal offence.
Intervention orders
Police or an affected family member can apply to the Magistrates’ Court for a family violence intervention order. Police can also issue a safety notice that takes effect immediately. Orders can include conditions about contact, living arrangements and attending the family home.
Criminal charges
Assault, threats, property damage, stalking and breaches of an order are prosecuted as criminal offences. These charges are often heard alongside the intervention order proceedings.
Effects on the rest of your life
- Arrangements for children and family law proceedings.
- Where you can live, including the family home.
- Employment, firearms licences and working with children checks.
- Visa status, particularly partner visas.
How we help
We act for both people seeking protection and people responding to applications or charges. We advise on consenting to orders without admissions, contesting them, negotiating conditions, and defending related charges. Because we also practise family law and immigration law, we consider how one proceeding affects the others.
Related reading
Contact us
If you or a family member has been contacted by police, arrested or charged, get advice before you do anything else. Call Chua Tan Associates on +61 3 9602 3988 or email chuatan@tpg.com.au. Our office is at Level 2, 262 Queen Street, Melbourne. We act in courts across Victoria and advise in English, Mandarin and Cantonese.
Chua Tan Associates, Barristers, Solicitors & Notary Public, Melbourne. General information about Victorian criminal law only, not legal advice for your situation.