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How to apply for a protection order in the ACT

In short

In the ACT, victims of family violence can apply for a family violence order (FVO) under the Family Violence Act 2016 (ACT) through the ACT Magistrates Court. The court can grant interim orders urgently without the respondent present. Final orders can last up to two years.

Who: Individuals in the ACT who are experiencing family violence from a partner, former partner, or family member and need legal protection.
Where: ACT Magistrates Court, 4 Knowles Place, Canberra ACT 2601. For emergencies, call 000. DVCS: 02 6280 0900.
Time: Interim orders can be granted on the day of filing. Final hearings are typically listed within 4-8 weeks.
Fees: There is no filing fee for family violence order applications in the ACT.
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Legal basis

The framework

Family violence orders in the ACT are governed by the Family Violence Act 2016 (ACT).

10 steps

The process

1

Assess your immediate safety

If you are in immediate danger, call 000. Contact ACT Policing or the Domestic Violence Crisis Service (DVCS) on 02 6280 0900 for support.

You
2

Report to ACT Policing (if applicable)

ACT Police can issue a family violence order on your behalf in urgent situations and can apply for an interim order.

You or ACT Policing
3

Complete the application form

If applying privately, complete the Application for a Family Violence Order form from the ACT Magistrates Court.

You or your lawyer
4

Prepare a supporting affidavit

Draft a sworn statement describing the family violence, specific incidents, dates, any injuries, and why you fear further violence.

You or your lawyer
5

File the application at the Magistrates Court

Lodge the application and supporting documents at the ACT Magistrates Court registry. There is no filing fee for FVO applications.

You or your lawyer
6

Request an interim order if urgent

If you need immediate protection, ask the court to grant an interim family violence order. This can be done without the respondent being notified.

You or your lawyer
7

Serve the respondent

The respondent must be served with the application and any interim order. ACT Policing typically handles service.

ACT Policing
8

Attend the final hearing

Both parties attend the hearing at the ACT Magistrates Court. Present evidence and submissions. The Magistrate will make a determination.

You and your lawyer
9

Receive the final order

If granted, the FVO will specify conditions such as no contact, exclusion from the home, and the duration (up to 2 years, with the option to extend).

Magistrate
10

Report any breaches

If the respondent breaches the FVO, report it to ACT Policing immediately. Breaching a family violence order is a criminal offence under the Family Violence Act.

You
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Not seeking an interim order when the situation is urgent
  • Providing insufficient detail in the affidavit about specific incidents
  • Not attending the final hearing — the application may be struck out
  • Contacting the respondent while the order is in place
  • Not keeping a copy of the order with you at all times for enforcement
Use with Quillio

Get this process right with Quillio

Quillio helps draft family violence order applications, affidavits, and hearing preparation materials for ACT matters. See /practice-areas/family-lawyers or start a free trial.

This guide is general information about family violence orders in the ACT — not legal advice. If you are in immediate danger, call 000.

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