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Types of protection orders by state
Each Australian state and territory has its own legislation governing protection orders, though they all serve similar purposes. Understanding the terminology in your jurisdiction is important when navigating the system. Note that protection-order terminology differs by state: Victoria uses FVIO, New South Wales uses AVO (and ADVO), Queensland and the Northern Territory use DVO, and Western Australia uses FVRO — the underlying protections are comparable but the procedural rules differ.
| State / Territory | Order name | Legislation |
|---|---|---|
| Victoria | Family Violence Intervention Order (FVIO) | Family Violence Protection Act 2008 |
| New South Wales | Apprehended Violence Order (AVO / ADVO) | Crimes (Domestic and Personal Violence) Act 2007 |
| Queensland | Domestic Violence Order (DVO) | Domestic and Family Violence Protection Act 2012 |
| Western Australia | Family Violence Restraining Order (FVRO) | Restraining Orders Act 1997 |
| South Australia | Intervention Order | Intervention Orders (Prevention of Abuse) Act 2009 |
| Tasmania | Family Violence Order (FVO) | Family Violence Act 2004 |
| ACT | Family Violence Order (FVO) | Family Violence Act 2016 |
| Northern Territory | Domestic Violence Order (DVO) | Domestic and Family Violence Act 2007 |
National recognition
Standard conditions and prohibitions
Intervention orders can include a range of conditions designed to protect the affected person. Courts tailor conditions to the specific circumstances of each case.
Contact prohibitions
- No direct or indirect contact with the protected person
- No contact via phone, email, text, or social media
- No contact through third parties
- No publishing material about the protected person
Exclusion conditions
- Exclusion from the family home
- Stay away from the protected person's workplace
- Exclusion from children's school or childcare
- Distance requirements (for example, stay 200m away)
Weapons conditions
- Surrender all firearms and weapons
- Cancellation of firearms licence
- Prohibition on obtaining weapons
- Search and seizure powers for police
Behaviour prohibitions
- No assault, threats, or intimidation
- No stalking or surveillance
- No property damage
- No economic abuse or coercive control
How to apply for an intervention order
There are two main pathways to obtaining an intervention order: applying through police or making a private application directly to the court.
Police application
Contact police to report family violence. Police can apply for an order on your behalf or issue a police safety notice for immediate protection in some states. Police assess the risk and may apply for an interim order, often ex parte (without the respondent present) if urgency requires immediate protection. The matter is then listed for a mention or hearing where the respondent can consent to the order or contest it. If contested, a final hearing is scheduled.
Private application
- Complete the application form — obtain and complete the appropriate application form from your local Magistrates Court. Detail the incidents of violence, threats, or behaviour you fear.
- File at the court registry — file your application at the court registry. Staff can assist with procedural questions. There is typically no filing fee for protection order applications.
- Serve the respondent — the application must be served on the respondent, usually by police. The respondent is then required to attend court on the hearing date.
- Attend the hearing — attend court on the hearing date to present your case. You may give evidence and be cross-examined if the application is contested.
Section 68R: interaction with family court orders
When intervention orders and family court parenting orders cover the same family members, the Family Violence Order prevails to the extent of any inconsistency with a parenting order — safety is prioritised above the parenting arrangement. The relevant provision is Section 68R of the Family Law Act 1975.
Section 68R establishes three key rules:
- Family violence orders prevail — where there is an inconsistency between a family violence order (intervention order) and a parenting order, the family violence order prevails to the extent of the inconsistency.
- No contravention for compliance — a person who acts in accordance with a family violence order is not in contravention of a parenting order that is inconsistent with that family violence order. This provides important protection for people complying with intervention orders.
- Exception for contact provisions — the family court can include provisions in parenting orders that allow contact arrangements (such as child changeover) that might otherwise breach an intervention order. These provisions must be consistent with the safety purpose of the intervention order.
Always get legal advice
Consequences of breaching an intervention order
Breaching an intervention order is a criminal offence with serious consequences across all Australian jurisdictions — penalties include imprisonment (up to 2–5 years depending on the state), substantial fines, and a criminal record.
| Consequence | Detail |
|---|---|
| Imprisonment | Up to 2–5 years depending on jurisdiction and circumstances. Repeat offences attract higher penalties. |
| Fines | Substantial monetary penalties, often in the tens of thousands of dollars for serious breaches. |
| Criminal record | A conviction for breach creates a criminal record that can affect employment, travel, and professional licences. |
| Impact on family proceedings | Breaching an intervention order can significantly affect parenting proceedings in the family court. |
Police powers
Responding to an application against you
If an intervention order application has been made against you, understanding your options and rights is essential. There are several ways to respond.
Consent without admissions
You can agree to the order being made without admitting the allegations are true. This is often the quickest resolution and does not create a finding that family violence occurred. The order still restricts your behaviour as specified.
Negotiate conditions
You may negotiate the specific conditions of the order. For example, you might agree to an order but seek to include provisions allowing communication about children or access to the property to collect belongings.
Contest the application
You can contest the application entirely, requiring the applicant to prove their case at a hearing. You can give evidence and cross-examine the applicant. If unsuccessful, the court may make an order and you may be ordered to pay costs.
Get legal advice
Varying or revoking an intervention order
Intervention orders are not necessarily permanent — either party can apply to vary the conditions or revoke the order entirely, though the court must be satisfied that such a change is appropriate.
Variation
Either party can apply to change the conditions of an order. Common reasons include:
- Family court orders require different arrangements
- Changed circumstances (for example, a new address)
- Need to allow specific communication
- Extending or shortening the duration
Revocation
Either party can apply to cancel the order entirely. The court will consider:
- Whether the protected person genuinely wants revocation
- Evidence of reconciliation or changed circumstances
- Any history of coercion or pressure to revoke
- Risk assessment for the protected person
Common questions
What is an intervention order?
An intervention order (also called a protection order, restraining order, or domestic violence order depending on the state) is a court order designed to protect a person from family violence, threats, harassment, or stalking. These orders are made under state and territory legislation and can restrict the respondent's behaviour, including prohibiting contact with the protected person, requiring them to stay away from certain locations, and surrendering firearms.
What is the difference between an FVIO and an AVO?
A Family Violence Intervention Order (FVIO) is the term used in Victoria under the Family Violence Protection Act 2008 (Vic). An Apprehended Violence Order (AVO) is the term used in New South Wales under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Both serve similar protective purposes but operate under different state legislation with some procedural differences. AVOs in NSW are further divided into Apprehended Domestic Violence Orders (ADVOs) for family/domestic relationships and Apprehended Personal Violence Orders (APVOs) for non-domestic situations.
Do intervention orders apply across state borders?
Yes. Under the National Domestic Violence Order Scheme, which commenced in 2017, a domestic violence order made in one Australian state or territory is automatically recognised and enforceable in all other states and territories. This means if you have an intervention order from Victoria, it can be enforced if the respondent breaches it in Queensland or any other jurisdiction without needing to register it separately.
What happens if someone breaches an intervention order?
Breaching an intervention order is a criminal offence in all Australian states and territories. Penalties vary by jurisdiction but can include imprisonment (up to 2-5 years depending on the state), substantial fines, and a criminal record. Police can arrest the respondent without a warrant if they believe a breach has occurred. Repeated breaches typically result in escalating penalties.
How do intervention orders interact with family court orders?
This is a complex area. Under Section 68R of the Family Law Act 1975, if there is an inconsistency between a family violence order and a parenting order, the family violence order prevails to the extent of the inconsistency. However, the family court can make parenting orders that effectively vary intervention order conditions for purposes like child changeover. Courts must consider both the safety of the protected person and the child's best interests.
What is the difference between interim and final intervention orders?
An interim intervention order (IVO) is a temporary order made before the final hearing, often on an urgent basis and sometimes without the respondent present (ex parte). It provides immediate protection while the matter proceeds to a full hearing. A final intervention order is made after both parties have had the opportunity to present evidence at a contested hearing or where the respondent consents to the order. Final orders typically last for a specified period (often 12 months to 5 years) or indefinitely.
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