VIC

An Intervention Order is a court order made by a magistrate under the Crimes (Family Violence) Act 1987.

Its purpose is to protect you from family violence or stalking by a member of your family or household, or someone you have had a close relationship with.

An Intervention Order can be made without the other person (‘the defendant’) being in court. But it only has legal force once the defendant has been given (‘served with’) the order.

Conditions of a Family Violence Intervention Order

Conditions include stopping the respondent from:

  • committing family violence against you
  • damaging your property or threatening to do so
  • following you or keeping you under surveillance
  • publishing on the internet or by email or other electronic communication any material relating to you or pretending it comes from you
  • approaching or remaining within a certain distance of you
  • going near your home or work
  • causing another person to behave in a way that is covered by the order.

Other conditions may also include:

  • return your personal property
  • return jointly owned property
  • hand any firearms to the police
  • suspend or cancel any firearms authority, weapons approval or weapons exemption.

Tell the police

If you think you are at risk because the defendant has a gun you should tell the police. They have the power to go into the defendant’s house, search, and remove any guns in the defendants’ possession. The police must act if you tell them you are in danger because of a gun.

Tell the court

You should also tell the court registrar that you’re worried about guns when you apply for the Intervention Order. The registrar can alert the police who must then seize the defendant’s guns.With a temporary order, the magistrate has the power to suspend the defendant’s gun licence – this means that the defendant must surrender all guns to police.

Defendant not allowed to have a gun

Once a final Intervention Order is made, the defendant’s gun licence is automatically cancelled – regardless of whether the Intervention Order mentions guns.This means that the defendant is not allowed to have a gun. This prohibition lasts while the Intervention Order is in place and for five years after the order finishes.The defendant will be told that the licence is cancelled and that all guns must be handed to the police. If the defendant doesn’t the police can seize the guns.If the defendant has a reason for having a gun, such as working as a security guard, then an application can be made to the Magistrates’ Court by the defendant to get the gun licence back. Both the police and you must benotified and can object to the defendant being allowed to have and use a gun.

Tell the registrar if you’re worried