Another available course of action is to take out a complaint for a threatened breach of the peace. This action is taken in a state Magistrates' Court under section 126A of the Magistrates' Court Act 1989 (Vic) ("MC Act"). In such cases a woman, for example, must show that she was genuinely afraid that she would suffer some bodily harm. Evidence of previous assaults may be admissible in proving that her fears were well-founded. The complaint should give precise particulars of dates, places, and the nature of the incidents complained of, including the particular assault or threatening words and gestures that were used.

Given the broad definitions of "family violence" and "family member" under the FVPA and the availability of stalking intervention orders under the SIOA, this remedy is rarely used in cases of family violence. It may still be the only remedy in cases of violence between neighbours, boarders, lodgers and co-tenants where a stalking intervention order cannot be obtained. However, unlike intervention orders, this procedure is not very effective. Police cannot be applicants and no power of arrest can be attached. If the application is successful, the offender may be required to enter into a bond to keep the peace or to be of good behaviour and may have to acknowledge that, if not done, a certain amount of money will have to be forfeited. Under section 126A(4) of the MC Act, if the bond is not complied with, the court may order imprisonment for up to 12 months.