Home
/
Services
/
Melbourne Intervention Orders and Family Violence Lawyers
Lauren Tye Legal provides skilled and strategic advice and representation across Melbourne and Victoria for Family Violence Intervention Orders, Personal Safety Intervention Orders, and charges relating to contravention of an FVIO/PSIO.
Get urgent advice before your first mention to have the best chance of avoiding the imposition of an order or conviction for a charge of contravention.
Google Reviews
Years Criminal Defence Experience
If you have been named as a respondent in a Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO) seeking early advice is important.
We represent respondents at every stage of these proceedings, including where you have just been served, an interim order is in place, a contested hearing is listed, or you have been charged with contravening an existing order or safety notice.
Lauren Tye can advise you on your options, explain the process clearly, and help you protect your rights.
Lauren Tye appears daily in Victorian courts and has represented hundreds of clients in intervention order matters and related criminal proceedings.
Select the matter type below for detailed information on the process, consequences, and how Lauren can help.
Representation for respondents to FVIO applications under the Family Violence Protection Act 2008. Advice on whether to consent without admissions, contest the application, and negotiate workable conditions that minimise unnecessary impact on housing, employment, and contact with children.
Representation for respondents in PSIO proceedings under the Personal Safety Intervention Orders Act 2010, commonly arising from disputes between neighbours, co-workers, or acquaintances. Advice on whether the legal threshold is met, whether an undertaking is appropriate, and how best to respond.
Urgent advice for respondents served with a Family Violence Safety Notice issued by police. A safety notice takes effect immediately and will usually require a court hearing within 14 days.
Defence to criminal charges alleging breach of an FVIO, PSIO, or Family Violence Safety Notice. These matters are usually heard in the Magistrates' Court and can carry significant penalties, including up to 2 years' imprisonment for ordinary contravention offences.
Representation for aggravated contravention allegations under the Family Violence Protection Act 2008, where it is alleged the breach was committed with the intention of causing harm or fear for safety. These offences carry substantially higher maximum penalties.
Defence to allegations of repeated breaches within a short period. These matters are treated seriously and may expose a respondent to substantially higher penalties.
Representation at contested intervention order hearings in the Magistrates' Court, including cross-examination, defence evidence, and submissions on whether the statutory grounds for a final order are made out.
Applications to vary or revoke existing intervention orders, and appeals from final orders. Strict time limits apply, and in family violence matters an appeal from a final order generally must be filed within 30 days.
Many intervention order matters run alongside related criminal allegations, including assault, threats, stalking, or property offences. Handling both proceedings together helps maintain a consistent strategy and reduce the risk of unnecessary admissions.
Maximum penalties under Victorian law for breaching an intervention order or safety notice. The intervention order itself is a civil order — it is the contravention that is a criminal offence. Lauren Tye regularly achieves outcomes well below these maximums through careful preparation and strategic advocacy.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Family Violence (FVPA) | |||
| Contravention of Family Violence Safety Notice | Family Violence Protection Act 2008 (Vic), s 37 | 2 years' imprisonment or 240 penalty units | Magistrates' Court |
| Contravention of Safety Notice Intending to Cause Harm or Fear for Safety | Family Violence Protection Act 2008 (Vic), s 37A | 5 years' imprisonment or 600 penalty units | Magistrates' Court / County Court |
| Contravene Closed-Court / Exclusion Order | Family Violence Protection Act 2008 (Vic), s 68(3) | 1,000 penalty units or 3 months' imprisonment | Magistrates' Court |
| Unauthorised Disclosure of Assessment Report | Family Violence Protection Act 2008 (Vic), s 73H(2) | 10 penalty units | Magistrates' Court |
| Contravention of Family Violence Intervention Order | Family Violence Protection Act 2008 (Vic), s 123 | 2 years' imprisonment or 240 penalty units | Magistrates' Court |
| Contravention of FVIO Intending to Cause Harm or Fear for Safety | Family Violence Protection Act 2008 (Vic), s 123A | 5 years' imprisonment or 600 penalty units | Magistrates' Court / County Court |
| Persistent Contravention of Notices and Orders | Family Violence Protection Act 2008 (Vic), s 125A | 5 years' imprisonment or 600 penalty units | Magistrates' Court / County Court |
| Fail to Attend Eligibility Interview | Family Violence Protection Act 2008 (Vic), s 129(5) | 10 penalty units | Magistrates' Court |
| Fail to Attend Counselling Under Counselling Order | Family Violence Protection Act 2008 (Vic), s 130(4) | 10 penalty units | Magistrates' Court |
| Unauthorised Disclosure of Eligibility Interview Information | Family Violence Protection Act 2008 (Vic), s 140(1) | 10 penalty units | Magistrates' Court |
| Unauthorised Disclosure of Eligibility Report Information | Family Violence Protection Act 2008 (Vic), s 140(2) | 10 penalty units | Magistrates' Court |
| Unauthorised Disclosure of Counselling Information | Family Violence Protection Act 2008 (Vic), s 141(1) | 10 penalty units | Magistrates' Court |
| Unauthorised Use or Disclosure of Confidential Information | Family Violence Protection Act 2008 (Vic), s 144R | 60 penalty units (natural person) / 300 penalty units (body corporate) | Magistrates' Court |
| Intentional or Reckless Unauthorised Use or Disclosure of Confidential Information | Family Violence Protection Act 2008 (Vic), s 144RA | 600 penalty units or 5 years' imprisonment or both (natural person); 3,000 penalty units (body corporate) | Magistrates' Court / County Court |
| Knowingly False Certification of Document | Family Violence Protection Act 2008 (Vic), s 153(2) | 600 penalty units or 5 years' imprisonment or both | Magistrates' Court / County Court |
| False Declaration of Truth | Family Violence Protection Act 2008 (Vic), s 153A | 600 penalty units or 5 years' imprisonment or both | Magistrates' Court / County Court |
| Fail to Comply with Firearm / Weapons Surrender Direction | Family Violence Protection Act 2008 (Vic), s 158(4) | 60 penalty units for firearm; 30 penalty units for firearms authority, ammunition or weapon | Magistrates' Court |
| Publication Restriction Offence | Family Violence Protection Act 2008 (Vic), s 166(2) | 100 penalty units or 2 years' imprisonment or both (natural person); 500 penalty units (body corporate) | Magistrates' Court |
| Personal Safety (PSIOA) | |||
| Contravene Closed-Court / Exclusion Order | Personal Safety Intervention Orders Act 2010 (Vic), s 51(3) | 1,000 penalty units or 3 months' imprisonment | Magistrates' Court |
| Unauthorised Disclosure of Assessment Report | Personal Safety Intervention Orders Act 2010 (Vic), s 60(2) | 10 penalty units | Magistrates' Court |
| Contravention of Personal Safety Intervention Order | Personal Safety Intervention Orders Act 2010 (Vic), s 100 | 2 years' imprisonment or 240 penalty units | Magistrates' Court |
| Persistent Contravention of Personal Safety Intervention Order | Personal Safety Intervention Orders Act 2010 (Vic), s 100A | 5 years' imprisonment or 600 penalty units | Magistrates' Court / County Court |
| Knowingly False Certification of Document | Personal Safety Intervention Orders Act 2010 (Vic), s 110(2) | 120 penalty units | Magistrates' Court |
| False Declaration of Truth | Personal Safety Intervention Orders Act 2010 (Vic), s 110A | 600 penalty units or 5 years' imprisonment or both | Magistrates' Court / County Court |
| Fail to Comply with Firearm / Weapons Surrender Direction | Personal Safety Intervention Orders Act 2010 (Vic), s 115(4) | 60 penalty units for firearm; 30 penalty units for firearms authority, ammunition or weapon | Magistrates' Court |
| Publication Restriction Offence | Personal Safety Intervention Orders Act 2010 (Vic), s 123(2) | 100 penalty units or 2 years' imprisonment or both (natural person); 500 penalty units (body corporate) | Magistrates' Court |
Family Violence Protection Act 2008 (Vic), s 37
2 years' imprisonment or 240 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 37A
5 years' imprisonment or 600 penalty units
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 68(3)
1,000 penalty units or 3 months' imprisonment
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 73H(2)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 123
2 years' imprisonment or 240 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 123A
5 years' imprisonment or 600 penalty units
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 125A
5 years' imprisonment or 600 penalty units
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 129(5)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 130(4)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 140(1)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 140(2)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 141(1)
10 penalty units
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 144R
60 penalty units (natural person) / 300 penalty units (body corporate)
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 144RA
600 penalty units or 5 years' imprisonment or both (natural person); 3,000 penalty units (body corporate)
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 153(2)
600 penalty units or 5 years' imprisonment or both
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 153A
600 penalty units or 5 years' imprisonment or both
Magistrates' Court / County Court
Family Violence Protection Act 2008 (Vic), s 158(4)
60 penalty units for firearm; 30 penalty units for firearms authority, ammunition or weapon
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 166(2)
100 penalty units or 2 years' imprisonment or both (natural person); 500 penalty units (body corporate)
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 51(3)
1,000 penalty units or 3 months' imprisonment
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 60(2)
10 penalty units
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 100
2 years' imprisonment or 240 penalty units
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 100A
5 years' imprisonment or 600 penalty units
Magistrates' Court / County Court
Personal Safety Intervention Orders Act 2010 (Vic), s 110(2)
120 penalty units
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 110A
600 penalty units or 5 years' imprisonment or both
Magistrates' Court / County Court
Personal Safety Intervention Orders Act 2010 (Vic), s 115(4)
60 penalty units for firearm; 30 penalty units for firearms authority, ammunition or weapon
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 123(2)
100 penalty units or 2 years' imprisonment or both (natural person); 500 penalty units (body corporate)
Magistrates' Court
Maximum penalties are drawn from the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act 2010. The penalty unit value for 2025-26 is $203.51. Penalties shown are maximums only. Contact Lauren for advice specific to your matter.
Intervention order applications are determined in the Magistrates’ Court of Victoria. They may be brought by police, an affected family member, or another protected person. Frequently, an interim order is made on the same day the application is filed, before the respondent has had any real opportunity to be heard.
At the first mention, the respondent may consent to a final order, with or without admissions, offer an undertaking, or contest the matter. The course taken at this stage can have important consequences for housing, employment, firearms licensing, contact with children, and any related criminal or family law proceedings.
Lauren Tye appears regularly in Magistrates’ Courts across metropolitan Melbourne and regional Victoria and represents clients in intervention order appeals in the County Court of Victoria.
EXCELLENT Based on 216 reviews Posted on Google Ali EltoumTrustindex verifies that the original source of the review is Google. Highly recommend, Laila represented me recently and all went well, got the outcome i wanted and overall happy thanks again to Lauren and the team ❤️Posted on Google shane adamsTrustindex verifies that the original source of the review is Google. Lauren Tye legal are the best hands down I started with a different lawyer he said the best I could get is 12 months imprisonment with a cco. And that was a Mabe. Lauren and her team managed to get me a cco and a fine. So thankful excellent work. Thank you allPosted on Google JoshuaTrustindex verifies that the original source of the review is Google. Don’t usually write reviews but Lauren and her team helped me more than I could have ever imaged, the professionalism, genuine care for myself and defence she provided were so professional and tailored. Will be recommending Lauren for years to come. Thank you so muchPosted on Google Nikki DimkopoulosTrustindex verifies that the original source of the review is Google. If you’re looking for a criminal defence lawyer i couldn’t recommend Lauren enough!! She’s been extremely supportive and never hesitated to answer any questions we have! Lauren always goes above and beyondPosted on Google Chris NorthcottTrustindex verifies that the original source of the review is Google. What an amazing experience. I’ve never felt like I was in better hands, than when Miss Lauren Tye and her exceptional team were representing me. Lauren was referred to me after already fighting the charges for over 14 months, unsuccessfully. I was looking at a possible jail sentence, and within a month, it was wrapped up, with the best possible outcome… no jail. Lauren left no stone unturned, she went above and beyond and exceeded my expectations by a mile! I highly recommend, Lauren Tye Legal.Posted on Google Matthew HTrustindex verifies that the original source of the review is Google. I was facing a serious charge and thought my future was over, but Lauren Tye legal achieved an outcome I didn't think possible. Charges withdrawn. Their strategic brilliance and teamwork were incredible; they were always one step ahead, meticulous with details, and truly worked for me. I felt genuinely supported and confident in court. Highly recommend!".Posted on Google Sera GulersoyTrustindex verifies that the original source of the review is Google. A huge thank you to Lauren Tye Legal team, consisting of Lauren Tye, Laila Hallak and Office superstar Dilanur Erbaşı. Then theres our Hero in Court, Barrister Mr Scott Thomas. Between these dedicated Professionals, we were in very good hands from the get go. Lauren and Laila prepared the Case, Dee was in constant contact, via phonecalls, emails, messages , never avoiding us, always happy to help or just support us when we needed a soothing voice through the whole journey. We were referred to Lauren through word of mouth and now that its all over, we would choose her and her amazing team if ever needed, without hesitation again. They never once doubted us, gave their 100% support at each stage and delivered the best outcome as she promised since the start. This team delivers, I cannot stress this enough. Then during the Hearing, I cannot thank the brilliant performace by Mr Scott Thomas enough either. He delivered in Court and won it without doubt. Even when we thought the odds were against us, Scott was a Master of his Craft, Just brilliant! We will forever be grateful. We highly recommend Lauren, Laila and Dilanur to everyone. You will not regret it. Truly 5 star service. Much appreciated S.G.Posted on Google BRODZ1 Y61Trustindex verifies that the original source of the review is Google. Lauren and the team did an amazing job helping me. Not only did they get an awesome outcome, but they were polite, professional, and confident the entire time. They never made me feel like just another client. Nothing felt scripted or cold. Every conversation felt like chatting with a friend who genuinely cared. They brought warmth, understanding, and reassurance into a stressful situation. Lauren even somehow made me feel calm during some of my most stressful moments. And I’ll always be grateful for their support. Couldn't be happier with the outcome, and the friendliness. I never write reviews, and I'm honestly terrible at it. Trying to think of meaningful words to express how I feel is hard, mainly because I'm just bad at it. But this definitely is a 5 star from me. Forever greatfulPosted on Google Josh ReidTrustindex verifies that the original source of the review is Google. Lauren and the team are awesome. They got my case three days before court and got me a better outcome than expected. Highly recommend.Posted on Google Ruby KarayiannisTrustindex verifies that the original source of the review is Google. I highly recommend Miss Lauren Tye, one of the most exceptional criminal lawyers in Melbourne. Lauren is not only highly skilled and dedicated, but also a truly compassionate and kind‑hearted professional who genuinely cares for her clients. Her reliability, integrity, & fierce representation make her stand out in her field. You can always count on her to go above and beyond with diligence and empathy. Dilanur, the exceptional Executive Assistant at Lauren Tye Legal, is an absolute gem. Based on my experience so far, Lauren Tye Legal has a highly professional, supportive and very commendable team. 💎👑
How Lauren Tye has defended real clients in intervention order proceedings and contravention charges in Victorian courts.
Police took out an application for a Family Violence Intervention Order (FVIO) against our client, naming his ex-partner and child as protected persons. Based on the allegations, police also took out a warrant for our client’s arrest. Our client was then facing potential criminal charges and losing all contact with his child.
Lauren Tye reviewed the material and engaged in extensive discussions with the prosecution. Fortunately, our client had evidence that directly contradicted the allegations. Police decided not to pursue criminal charges, however, they continued to seek the family violence intervention order.
On the first court date, our office made extensive submissions before the Magistrate as to why the FVIO application should be struck out. Prosecution ultimately decided to withdraw their support from the application, and it was struck out by the Magistrate.
The outcome allowed our client to avoid being subject to an intervention order and allowed him to maintain a relationship with his child.
Our client was charged with persistently contravening a Family Violence Intervention Order and several individual contraventions. He had no prior criminal history and faced a significant penalty, including being at risk of imprisonment, given the seriousness of contravening a court order, especially in a family violence context.
Lauren Tye engaged in extensive negotiations with the prosecution regarding the charges. Prosecution ultimately agreed to withdraw the persistent contravention, and proceed on a single charge of contravening the FVIO only.
Lauren Tye then prepared comprehensive plea submissions and persuaded the Magistrate to impose an unconditional dismissal for our client, which allowed him to avoid a conviction and a further penalty.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
If you have been served with an intervention order application, an interim order, or a Family Violence Safety Notice, what you do in the first few days matters. Early mistakes can affect the outcome of the case, your housing, your contact with children, and any related criminal charges. These are the first steps Lauren Tye recommends.
Follow the order exactly as written. Do not assume a message, brief contact, or indirect communication is harmless. If any condition is unclear, get legal advice before doing anything that may breach it.
Do not call, text, email, message on social media, or ask anyone else to pass on a message for you. Indirect contact can still amount to a breach.
Consenting to a final order, even without admissions, can have lasting consequences for firearms licensing, professional registration, working with children, family law matters, and related criminal proceedings. Get advice before agreeing to anything at the first mention.
Write down what happened, when it happened, who was present, and any context that may matter. Keep copies of any messages, emails, photographs, or other material that supports your account.
Character references, counselling or behaviour change records, employment documents, and parenting material may assist in negotiations or at a contested hearing.
These matters can overlap with criminal charges, family law, firearms law, and employment consequences. You need advice that takes the full picture into account. Lauren Tye is available 24/7 on 0451 877 714.
Early legal advice can help you avoid a breach, protect your housing and family contact, and prepare properly for the next stage of the proceeding.
An intervention order is a civil order, but its consequences can be far-reaching. It can affect your housing, your contact with your children, your firearms licence, your professional registration, and your ability to work in certain roles, including child-related or security work. A breach is a criminal offence, and repeated or more serious contraventions can attract substantial penalties.
Lauren Tye represents respondents in FVIO and PSIO matters in Victorian Magistrates’ Courts on a regular basis. She understands how police prepare these applications, how Magistrates assess risk, how to negotiate workable conditions, and how to run a contested hearing where the evidence does not justify a final order.
If you have been served with an intervention order application or charged with contravening an existing order, you need advice from a lawyer with criminal defence experience. These matters often overlap with criminal charges, family law issues, licensing consequences, and employment risks. They should not be treated as routine matters by a general practice firm unfamiliar with that broader context.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
No. An intervention order is a civil order made by a Magistrate to protect a person from family violence or other prohibited behaviour. It is not a criminal conviction and does not form part of your criminal record. However, breaching an intervention order is a criminal offence, and any finding of guilt for contravention will appear on your record.
At the first mention, the Magistrate will ask whether you consent to a final order, seek to negotiate an undertaking in a PSIO matter, or wish to contest the application. Most matters are not finalised on that date. The case is usually adjourned for a further mention or listed for a contested hearing, with any interim order remaining in force in the meantime. You should obtain legal advice before consenting to anything.
Contravening an intervention order carries a maximum penalty of 2 years’ imprisonment or 240 penalty units under s 123 of the Family Violence Protection Act 2008. Aggravated contravention, where there is an intention to cause harm or fear, and persistent contravention, involving three or more breaches within 28 days, each carry a maximum penalty of 5 years’ imprisonment. The actual outcome will depend on the nature of the alleged breach, your history, and the circumstances of the case.
As early as possible. You should seek legal advice as soon as you are served with an application, interim order, or Family Violence Safety Notice. Early advice can help you understand the conditions, avoid accidental breaches, prepare for the first mention, and decide whether to consent or contest. If you have already been charged with contravention, you should obtain advice before any police interview or court appearance. Lauren Tye is available 24/7 on 0451 877 714.
Read the documents carefully, follow every condition immediately, and do not contact the protected person in any way unless the order clearly allows it. The court documents will tell you the hearing date, and if an interim order or Family Violence Safety Notice has been served, you must obey it straight away. It is best to get legal advice as soon as possible and attend court so you can understand your options and have a say about the conditions.
Before the first court date, get legal advice, think through your options, gather your court documents and any relevant family law or criminal paperwork, and make sure you understand the conditions already in force. You should also contact the court promptly if you cannot attend or need an interpreter or other support. Victoria Legal Aid notes that you do not need to bring witnesses to the first hearing, but you should start preparing your material early.
You are not required to have a lawyer, but it is usually sensible to get advice before the first mention. At that stage you may be deciding whether to consent, seek different conditions, offer an undertaking in an appropriate matter, or contest the application. If you do not have a private lawyer, a duty lawyer may be available at court on the day, but that assistance is limited and last-minute.
That depends on the facts, the proposed conditions, and the practical consequences for you. Consent without admissions means the court can make the order without deciding whether the allegations are proved, and the order itself does not create a criminal record. Even so, the conditions will still bind you and may affect where you live, how you work, your firearms position, and issues involving children, so it is best not to make that decision without legal advice.
Yes. If you do not agree that a final order should be made, or you dispute some of the proposed conditions, you can contest the application. Victoria Legal Aid states that the first hearing is the first mention date, that you will not usually be asked to give your full case then, and that a contested matter generally proceeds to later hearings. If an interim order is already in place, it will usually continue until the contested hearing.
The first mention is usually the first court date. At that hearing, the matter may resolve by consent, move toward an undertaking where that is available and agreed, or be adjourned for further steps if it is contested. In a contested matter, the Magistrate will not usually hear the full evidence at the first mention; the case is commonly listed on for further directions and later hearing dates.
A breach is a criminal offence. Police can arrest and charge a respondent who disobeys the conditions of an interim order, final order, or relevant safety notice, and a finding of guilt can result in a criminal record and other penalties, including imprisonment in serious cases. It is no answer that the protected person said the conduct was acceptable; the order still has to be obeyed.
No. An intervention order is a civil order, not a criminal conviction. The legal position changes only if there is an alleged breach or related criminal offending, in which case separate criminal charges can follow.
The order itself does not go on your criminal record. However, if you are found guilty of contravening the order or a safety notice, that criminal finding can appear on your record.
Yes. Victoria Legal Aid states that an order can prevent a person from having a gun for the duration of the order plus five years, can cancel existing permits, and can lead to police searching for and removing guns and other weapons. That means firearms consequences need to be considered early, before any final position is taken in court.
Yes. An intervention order can affect parenting arrangements and contact with children. Victoria Legal Aid states that an intervention order can permit continued compliance with existing family law arrangements, but a Magistrate can also change or suspend a family law order in some circumstances. That is one reason intervention order strategy should be considered together with any family law issues already on foot.
A Family Violence Intervention Order applies where the parties are family members, including former partners and some other family relationships. A Personal Safety Intervention Order is used where the respondent is not a family member and the alleged conduct involves things such as assault, harassment, serious threats, stalking, or property damage. Both are heard in the Magistrates’ Court, but they deal with different relationship contexts and statutory schemes.
Sometimes, but not always, and not simply because the protected person changes their mind. An undertaking may lead to the application being withdrawn if the applicant agrees. Where police are the applicant, they can apply for an order even if the person said to need protection does not want one, so whether the matter stops is not entirely in the respondent’s control.
Yes. A final or interim order may be able to be changed or cancelled, but only by the court. Victoria Legal Aid states that a respondent may need the court’s leave before applying, and the Magistrates’ Court also provides specific forms for respondents seeking to vary or revoke a PSIO. Appeals may also be available in some final-order cases, and family violence appeals to the County Court must generally be brought within 30 days.
There is no single timetable. The Magistrates’ Court says that if the matter begins with a Family Violence Safety Notice, the hearing date must be within 14 days, whereas an application and summons is usually listed several weeks after filing, sometimes sooner if the respondent is on bail or in custody. If the matter is contested, it will usually require more than one hearing, so the overall duration depends on the court list, interim orders, and whether the case resolves early or proceeds to a contested hearing.
Costs depend on the stage of the matter, whether there is an interim order, whether the case resolves at the first mention or proceeds to a contested hearing, and whether there are related contravention, family law, or appeal issues. Send through the application, any interim order, and the hearing date, and Lauren will provide a tailored estimate after reviewing the documents.
Yes. Urgent advice is often needed where you have just been served, an interim order or safety notice is already in force, or there is an allegation of breach. Early advice can help you understand the conditions immediately, avoid accidental contravention, and make informed decisions before the first court date. Lauren Tye is available 24/7 on 0451 877 714.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Victoria has a multi-tiered court system with over 51 Magistrates’ Court locations across the state. Most assault charges — including common assault, recklessly causing injury, and affray — are heard in the
Magistrates’ Court closest to where the offence allegedly occurred, though venue transfers can be arranged in some circumstances. More serious charges such as intentionally causing serious injury, armed robbery, and aggravated burglary may be committed to the County Court for trial or plea.
Lauren Tye appears across all court levels and regularly represents clients at Magistrates’ Courts across metropolitan Melbourne and regional Victoria.
Lauren Tye appears in Magistrates’ Courts, the County Court, and the Supreme Court of Victoria for assault and violence matters across metropolitan Melbourne and regional Victoria.
Other practice areas: Traffic & Driving Offences·Drug Offences·Family Violence