Family violence safety notices – Victoria

A family violence safety notice is applied for by the police if someone needs protection, in their view, and is part of an application by police to get a family violence intervention order. The safety notice can protect people between an intervention order court hearing and the reporting of violence. A police officer is only able to apply for a family violence safety notice if a respondent is an adult. That is, a family violence safety notice cannot be applied for against a minor (under age 18).

A family safety notice can help protect a family member who may be in danger, a child who has seen, heard or otherwise been exposed to family violence, or behaviour that may affect/has affected the affected family member.

     Applications for family violence safety notices
A police officer can apply for a safety notice by phone or fax while they are at the incident – this happens immediately. A sergeant or higher-ranking officer examines the application, and if they agree that the family member needs to be protected, they can issue the notice. This can happen even if nobody wants them to.

     Being on the receiving end of a family violence safety notice
A safety notice must be served to the respondent, with an explanation of what it means. The affected family member also receives a copy, and the notice is filed at the magistrate’s court.

     What the safety notice means
This notice is considered an application by police for a family violence intervention order, and a court summons. It tells you the date and place of the first mention date, which is the first court hearing. This must be within five days of the safety notice being served.

The terms of the notice apply once it is served on the respondent. The rules are designed to stop family violence, and may be the same as a regular intervention order. If the respondent disobeys the order of the safety notice, they can be arrested.

The notice applies until a magistrate chooses to end it by either serving a family violence intervention order on the respondent, or not.

The rules may stipulate that the respondent must leave the family home, but if the respondent has nowhere to go, the police will try to help find emergency accommodation. If the respondent refuses to leave, the police can force them, and charge them.

Learn more about exclusion orders

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