Family Violence Orders FAQ

A family violence order is a civil order from a court imposing conditions on a person (the respondent) to protect a person experiencing family violence (the protected person). It is not a criminal conviction but breach is a criminal offence.

NSW: Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO). Vic: Family Violence Intervention Order (IVO). Qld/NT: Domestic Violence Order (DVO). WA: Family Violence Restraining Order (FVRO). SA: Intervention Order. Tas: Family Violence Order. ACT: Family Violence Order.

A person fearing family violence, their lawyer, or police on their behalf. In most states police can apply on behalf of a protected person, particularly after attending a domestic incident. Children can be named as protected persons.

Family violence includes physical assault, sexual assault, threats, coercive control, economic abuse, psychological abuse, stalking, and behaviour that causes a child to witness or hear violence. Definitions vary by state but are broadly similar.

Coercive control is a pattern of behaviour that deprives a person of their liberty, including isolation, monitoring, financial control, and degradation. NSW criminalised coercive control in current intimate relationships from July 2024.

Intimate partners (current and former), family members, carers, and household members are covered in all states. Definitions vary — for example in NSW APVOs can protect between non-family persons, while ADVOs require a domestic relationship.

Applications are made in the local Magistrates Court (or equivalent). Police applications follow a domestic violence incident. Private applicants file a complaint or application with the court, often with support from a domestic violence legal service.

An interim order is a temporary order made before a full hearing, typically on the same day as the application, based on an urgent or safety-based assessment. It remains in force until the final hearing or an earlier court order.

Common conditions: not commit family violence; not contact or approach the protected person; not attend specified places; not possess firearms; surrender weapons; exclusion from the family home; and no third-party contact. Custom conditions are available.

Yes. Courts can make an exclusion order removing the respondent from a shared residence, even where they own or are on the lease. Hardship and alternative accommodation are considered but safety is paramount.

A final order is made after a contested hearing or by consent. It typically lasts 12 months to 5 years (extendable) and has stronger effect than an interim. Final orders by consent can be made without admissions.

Typically 12 months to 5 years, with extension or renewal possible before expiry. Some jurisdictions allow orders of unlimited duration in severe cases, subject to application to vary or revoke.

Breach is a criminal offence. Penalties include fines and imprisonment (up to 2 years in NSW, 5 years for aggravated breach). Police can arrest without warrant. Multiple breaches can result in escalating consequences.

Yes. Either party can apply to vary or revoke an order. Variations must have a proper basis — typically changed circumstances, end of risk, or refinement of conditions. Some conditions (contact for parenting) are commonly varied.

Yes. The National Domestic Violence Order Scheme (since 2017) automatically recognises and enforces DVOs across all Australian states and territories. New orders are nationally registered.

Yes. An order typically results in suspension or cancellation of firearms licences and seizure of firearms. Applicants with orders face high hurdles to obtain or retain firearms licences.

Yes indirectly. Family Court parenting orders take precedence over protection orders where inconsistent, but exclusion and non-contact conditions affect handover arrangements. Courts coordinate to ensure safety is maintained.

Evidence of past violence, threats, fear, and injuries — affidavit, medical records, photos, text messages, police reports, independent witnesses. Protected person evidence carries significant weight but is tested at contested hearings.

Family violence orders are civil orders and do not result in criminal convictions unless breached. They do not appear on a standard criminal history check but may show on police intelligence checks and working-with-children checks.

Strongly recommended for contested applications or defence of an application, and essential for criminal breach charges. Women's Legal Services, Aboriginal Legal Services, and community legal centres provide specialist free advice in all states.