Intervention order matters are heard at the Ballarat Magistrates’ Court daily. They are civil proceedings, but the consequences are serious — a final order can restrict where you live, who you contact, and where you can go, and a contravention of an order is itself a criminal offence.
Types of intervention order in Victoria
Two main types of intervention order are dealt with at the Magistrates’ Court:
- Family Violence Intervention Orders (FVIOs) — under the Family Violence Protection Act 2008 (Vic), these protect a family member from family violence
- Personal Safety Intervention Orders (PSIOs) — under the Personal Safety Intervention Orders Act 2010 (Vic), these protect a person from violence, threats, stalking, harassment, or property damage by someone who is not a family member
In both cases the order can be made on an interim basis (without a contested hearing) or as a final order following a contested hearing.
What happens at the Ballarat Magistrates’ Court
Intervention order applications in the Ballarat region are dealt with at the Ballarat Magistrates’ Court at 100 Grenville Street South. The Court has dedicated lists for family violence and personal safety matters.
The process typically involves:
- Application filed (by the affected person or police)
- Interim order, if appropriate, at first mention
- Directions hearings
- Contested final hearing, if the matter is contested
A respondent has the right to oppose the application and seek to have it dismissed.
What a final intervention order means
A final intervention order can include conditions such as:
- Not committing family violence
- Not contacting or approaching the protected person
- Not going to specified places (home, work, school)
- Not having weapons
- Returning property to the protected person
The order typically lasts 12 months or longer. While in force, breach of any condition is a criminal offence — even contact at the protected person’s invitation.
Why this matters
Intervention orders affect a lot more than people expect. A final order can:
- Result in a firearms licence being cancelled
- Affect family law proceedings, particularly around children
- Affect Working with Children Checks and certain employment
- Trigger immigration consequences
- Cause loss of housing where the home address is restricted
For these reasons, an interim or final order should not be consented to without legal advice.
Our recommendation
We recommend McMahon Criminal Defence Lawyers for this type of matter in Ballarat. The firm’s office is directly opposite the Ballarat Magistrates’ Court on Dana Street, principal lawyer Luke McMahon brings 10+ years’ experience across Government and private criminal practice, and the firm charges fixed fees for Magistrates’ Court matters.
Phone: 0493 710 531
Website: www.mcdl.com.au
Free 30-minute initial consultation.