Family Violence Intervention Order
In circumstances where a family violence safety notice has not been issued or a variation is required, police may initiate other ways to take an intervention order on your behalf.
Family Violence Intervention Order Process
Police will first determine that a family violence intervention order is required and then determine what kind is appropriate.
Police will then prepare the application to the courts for the family violence intervention order either by summons or warrant dependent on the specific circumstances of each incident.
This process is used for after-hours applications.
This application is undertaken in business hours.
If a summons interim or summons in required, the below follows:
Once issued by the court, the family violence intervention order will be sent by the court to the investigator for service.
The serving police officer is required to notify the Victoria Police employee’s manager to ensure a notification to Professional Standards Command is completed.
When a Victoria Police employee is involved in a family violence incident as the perpetrator, and there are grounds for a family violence intervention order application or the incident results in an alleged breach of an existing family violence intervention order, the Operations Safety Tactics Training (OSTT) suspension process is activated to limit the employee’s access to operational equipment (this includes firearms).
An ongoing risk assessment will be made by the OSTT Suspension Panel regarding any decisions to return OSTT equipment to the employee.
If you are concerned regarding the perpetrator’s access to operational equipment please speak to your investigator.
Application made when a perpetrator is not in custody of police and urgent action is required to keep you safe.
If a warrant is required, the below follows:
Police will arrest and bail (release the from police custody) with formal conditions tailored to ensure you and your children are safe.
The court date will be within five days for the family violence intervention order hearing.
All processes then receive the following:
Once the police employee perpetrator has been served with the family violence intervention order, the investigator will advise you of the court date and family violence intervention order conditions the perpetrator must abide by.
The court expects you and the perpetrator to attend on the nominated date.
If you are concerned about your safety at court, there are options available to you. Please speak with your SOFVU WSU or a family violence liaison officer about your concerns. You will be represented by a police prosecutor or police lawyer who will prosecute all family violence intervention order applications involving Victoria Police employees as perpetrators.
Reviewed 21 December 2021