Going to Court
Family violence is against the law. Everyone has the right to feel safe in their family and home. You can ask the Court for protection, or the police can ask the Court for you. Court is where you tell a judge (called a magistrate), your family violence story and the magistrate gives you, and your children, protection by making an Intervention Order.
It is important to seek legal advice if you are going to Court. If the Police are asking for you, they will tell you what you need to do.
You might feel scared or worried about going to Court but there are people who work in the Court to help you.
What to do
Make an Appointment
Call the Court to get an appointment time. If you have a lawyer your lawyer will do this for you. Bring someone you trust to Court to help you.
Fill out an information form
At your appointment, you will need to fill out an information form. You lawyer or a person who works in the Court will help you.
Interview with a Registrar
A Registrar (a person who works for the court) will then speak with you about what has happened and why you need protection with an Intervention Order. They will write up your application.
In the Court
You may need to go into Court and ask a Magistrate for a temporary intervention order (called an Interim Intervention order). This order will protect you while your application is being processed. You will be told by the Court staff, the next day you need to come to court.
The person who hurt you will be served with an application and Interim Order
Your application and order will be served on the person who hurt you by using family violence. This means they will be given a copy of your application and Interim Order by the police and asked to go to Court on the next date.
Going back to Court in 1-2 weeks
Your lawyer and other people at the Court will help you. The person who hurt you may agree to have an intervention order made and you will both be given an copy of the final Intervention Order.
You may need to go to court again
If the person who hurt you does not agree with your family violence story and need for protection, the Court will need to hear that person's story too. This will happen on another day, in about 1-2 months time. On this day, you may have to tell your family violence story to a Magistrate and answer some questions about what happened. You may also need to have your friends and family tell what happened. They are called witnesses. Your lawyer can help you with this.
What if the person who hurt you does not do what the Intervention Order says?
Once you have an Intervention Order the person who hurt you cannot do any of the things that are on the Order. If the person does any of these things, they are breaking the law and you need to call the police immediately on 000.
Click on the links below.
Virtual Court Tour
Intervention Order forms