Can the Police Apply for an Intervention Order?
If you are asking can the police apply for an Intervention Order, the answer is yes. In Victoria, Victoria Police have the power to apply for a Family Violence Intervention Order on behalf of an affected family member if they believe it is necessary to protect that person from family violence. In many cases, the affected family member does not need to make the application themselves, as the police will commence the proceedings after investigating an incident.
Police applications are common following family violence call-outs, even where the affected family member does not wish to proceed. If the police believe there is an ongoing risk, they can continue with the application regardless of the wishes of the affected family member.
At Wilkinson Lawyers, we regularly represent clients throughout Ballarat, Melbourne and regional Victoria who have been served with police applications for Family Violence Intervention Orders. We also advise affected family members about the court process and their legal rights.
When Will Police Apply for an Intervention Order?
Victoria Police may apply for a Family Violence Intervention Order whenever they believe a person requires protection from family violence.
This often occurs after police attend incidents involving:
family disputes;
allegations of assault;
threats;
property damage;
stalking;
harassment; or
breaches of existing Intervention Orders.
After investigating the incident, police may decide that an Intervention Order is necessary to protect the affected family member from future family violence.
Does the Affected Family Member Have to Agree?
No.
One of the most common misconceptions is that the affected family member controls whether the Intervention Order proceeds.
While police will usually consider the wishes of the affected family member, they are not bound by them.
If Victoria Police believe an Intervention Order is necessary for a person’s safety, they can make the application and continue with the court proceedings even if the affected family member asks them not to.
This commonly occurs where police believe there is an ongoing risk of family violence.
Can Police Issue Protection Before Court?
Yes.
If police believe immediate protection is required, they may issue a Family Violence Safety Notice.
A Family Violence Safety Notice provides temporary protection until the matter can be brought before the Magistrates’ Court.
A Safety Notice can include conditions similar to those found in an Intervention Order, such as:
prohibiting contact;
excluding a person from the family home;
preventing a person from approaching the affected family member; or
protecting children.
The Safety Notice remains in force until the first court date unless it is revoked earlier.
What Happens After Police Apply?
Once police file the application, the matter will be listed before the Magistrates’ Court.
At the first court date, several things may happen.
The respondent may:
consent to the Intervention Order without admissions;
oppose the application;
seek an adjournment to obtain legal advice; or
negotiate proposed conditions.
If the matter cannot be resolved, it may proceed to a contested hearing where the Magistrate hears evidence from both sides before deciding whether to make a final Intervention Order.
Can Police Withdraw an Intervention Order Application?
Yes.
Victoria Police may withdraw an application if they consider it is no longer appropriate to proceed.
For example, this may occur if:
further evidence becomes available;
the allegations cannot be substantiated;
the legal test is not met; or
there is another reason why continuing the application is no longer in the public interest.
However, the fact that the affected family member no longer wants the Order does not automatically mean police will withdraw the application.
What If I Disagree With the Allegations?
If you disagree with the allegations, you have the right to defend the application.
Depending on your circumstances, you may decide to:
contest the allegations at a final hearing;
negotiate the wording of the proposed conditions;
consent without admissions; or
seek another resolution, such as an undertaking where appropriate.
Before making any decision, it is important to understand the legal consequences of each option.
Will Police Also Lay Criminal Charges?
Sometimes.
An application for a Family Violence Intervention Order is separate from any criminal investigation.
Police may apply for an Intervention Order, lay criminal charges, or do both.
For example, police may allege that a person committed offences such as assault, unlawful assault, criminal damage, stalking or making threats while also seeking an Intervention Order.
The outcome of one proceeding does not automatically determine the outcome of the other.
Why Early Legal Advice Matters
Police applications for Intervention Orders often move quickly, particularly where interim orders or Family Violence Safety Notices have already been issued.
Obtaining legal advice early allows you to understand the allegations, consider the available evidence and decide whether to contest the application or resolve it another way.
An experienced Intervention Order lawyer can negotiate with police, represent you in court and ensure you understand the consequences of any proposed outcome before decisions are made.
Speak to an Intervention Order Lawyer
If Victoria Police have applied for an Intervention Order against you, Wilkinson Lawyers can provide clear and practical legal advice.
We regularly represent respondents and affected family members in Family Violence Intervention Order proceedings throughout Ballarat, Melbourne and regional Victoria. Whether you are considering contesting the application or resolving it by agreement, we can explain your options and represent you throughout the court process.
If you are asking can the police apply for an Intervention Order, contact Wilkinson Lawyers today to arrange a confidential consultation and obtain experienced legal advice.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
