How to apply for a restraint order in Tasmania
Tasmania does not use the term AVO. Personal safety is provided through two main pathways: a Family Violence Order (FVO) under the Family Violence Act 2004 (Tas) for family violence, and a Restraint Order under the Justices Act 1959 (Tas) for other threatening or harassing conduct. Applications are made in the Magistrates Court of Tasmania.
The framework
Family Violence Orders are governed by the Family Violence Act 2004 (Tas). Restraint Orders for non-family-violence conduct are governed by the Justices Act 1959 (Tas), Part XA. Stalking is a criminal offence under the Criminal Code Act 1924 (Tas), section 192.
The process
Identify the right order type
Use an FVO for family violence (spouses, partners, former partners). Use a Restraint Order for other threatening or harassing conduct (neighbours, acquaintances, strangers).
Consider immediate safety and Police Family Violence Orders
If you are in immediate danger, call 000. Police can issue a Police Family Violence Order on the spot under the Family Violence Act 2004 (Tas) and take the matter to court.
Gather evidence
Prepare a chronology of incidents: dates, locations, conduct, witnesses, photos, messages, and any prior police reports.
Complete the application form
Complete the application for an FVO or Restraint Order at your nearest Magistrates Court registry. Describe the conduct and the conditions you seek (no contact, exclusion from premises, no approach to school).
Lodge the application in the Magistrates Court
Lodge the application in person at the Magistrates Court. There is no filing fee for an FVO. Restraint Order applications under the Justices Act 1959 (Tas) may attract a fee.
Interim hearing
Most applications are first heard as an interim application, usually ex parte. If the magistrate is satisfied, an interim order is made pending a final hearing.
Service on the respondent
Police serve the interim order on the respondent. Conditions take effect on service.
Respondent's position
The respondent can consent without admissions, in which case a final order is made, or contest the application. A contested matter proceeds to a final hearing.
Final hearing
At the final hearing, both parties give evidence. The magistrate decides whether to make, vary, or refuse the final order, and for what duration and conditions.
Enforcement and variation
Breach of an FVO is a criminal offence under the Family Violence Act 2004 (Tas). Either party can apply to vary or revoke an order.
Forms and templates
- Application for Family Violence Order
- Application for Restraint Order (Justices Act)
- Affidavit in Support
Common mistakes
- Applying under the wrong Act — FVO vs Restraint Order
- Not providing a clear chronology of incidents
- Asking for conditions the court cannot make
- Omitting references to children or existing family law orders
- Relying only on a Police Family Violence Order without attending the court date
Get this process right with Quillio
Quillio can draft the application, chronology, and affidavit in support for FVOs and Restraint Orders in Tasmania. See /practice-areas/family-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. If you are in immediate danger, call 000. Protection order matters can have serious collateral consequences (firearms, employment). Obtain legal advice where possible.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial