Facing harassment, threats, or domestic violence is an incredibly stressful and frightening experience. If you’re in Melbourne and feel unsafe due to another person’s actions, obtaining a restraining order (also known as an intervention order) can provide legal protection.
But how exactly do you get one? What are the steps involved? And what should you expect during the process?
In this guide, we’ll walk you through everything you need to know about obtaining a restraining order in Melbourne, ensuring you have the right information to protect yourself and your loved ones.
What Is a Restraining Order (Intervention Order)?
In Victoria, a restraining order is officially called an Intervention Order (IVO). It is a legal document issued by a court to protect a person (the affected family member or protected person) from another person (the respondent) who is causing them harm.
An IVO can prohibit the respondent from:
- Contacting or approaching you
- Coming near your home, workplace, or school
- Harassing, threatening, or intimidating you
- Damaging your property
- Using social media to contact or abuse you
There are two types of IVOs in Victoria:
- Family Violence Intervention Order (FVIO) – For protection against a family member or intimate partner.
- Personal Safety Intervention Order (PSIO) – For protection against someone who is not a family member (e.g., a neighbor, coworker, or stranger).
Who Can Apply for a Restraining Order in Melbourne?
You can apply for an IVO if you have experienced:
- Physical or sexual abuse
- Emotional or psychological abuse
- Economic abuse (controlling finances)
- Threats, stalking, or harassment
- Property damage intended to intimidate you
If you’re under 18, a parent, guardian, or police can apply on your behalf.
Step-by-Step Process to Obtain a Restraining Order in Melbourne
Step 1: Assess Your Situation
Before applying, consider:
- Is there an immediate threat? (Call 000 if you’re in danger.)
- Do you have evidence (texts, emails, photos, witness statements)?
- Are you safe at home, or do you need emergency accommodation?
Step 2: Report to Police (If Necessary)
If the situation involves violence or immediate danger, call the police on 000. They can issue an interim intervention order on the spot, providing temporary protection until a court hearing.
For non-emergencies, visit your local police station to discuss your case.
Step 3: Apply for an Intervention Order
You can apply in two ways:
- Through the Police – If the matter involves family violence, the police can apply for you.
- Self-Application at Court – If the police don’t apply, you can do it yourself at the Magistrates’ Court.
How to Self-Apply
- Visit the nearest Magistrates’ Court (Melbourne, Sunshine, Heidelberg, etc.).
- Request an intervention order application form (also available online).
- Fill out the form with details of the abuse/harassment.
- Submit it to the court registry.
Step 4: Attend a Court Hearing (If Required)
- Interim Order – If the court believes you’re at risk, they may grant a temporary order immediately.
- Final Order – A court date will be set (usually within 14 days) where both parties can present their case.
Step 5: Court Decision
- If granted, the IVO becomes legally enforceable.
- If the respondent breaches the order, they can face criminal charges.
What Evidence Do You Need?
To strengthen your case, gather:
- Texts, emails, or voicemails with threats
- Photos of injuries or property damage
- Witness statements (friends, family, coworkers)
- Medical reports (if you sought treatment)
- Police reports (if previously involved)
What Happens If the Respondent Breaches the Order?
A restraining order is enforceable by law. If the respondent contacts you or violates any conditions:
- Call the police immediately (000 in an emergency).
- Report the breach – The respondent may be arrested and charged.
Can You Withdraw an Intervention Order?
Yes, but it requires court approval. You’ll need to explain why you want to withdraw it, and a magistrate will decide if it’s safe to do so.
Where to Get Help in Melbourne
- Victoria Legal Aid – Free legal advice (☎ 1300 792 387)
- Safe Steps – Family violence support (☎ 1800 015 188)
- Women’s Legal Service Victoria – Free legal help for women (☎ 1800 133 302)
- Men’s Referral Service – Support for male victims (☎ 1300 766 491)
Final Thoughts
No one should live in fear of harassment or abuse. If you’re in Melbourne and need protection, an intervention order can be a crucial step toward safety.
Remember:
✅ Act quickly if you feel threatened.
✅ Collect evidence to support your case.
✅ Seek legal advice if unsure about the process.
Your safety matters—don’t hesitate to take action.
Have Questions?
If you need further guidance, leave a comment below or reach out to one of the support services listed. Stay safe, Melbourne!
