Responding to a DVO

If an interim DVO has been made against you, you must comply with all conditions immediately, regardless of whether you intend to contest the order. Breaching a DVO is a criminal offence. Read the order carefully and ensure you understand what you can and cannot do. If you are unsure, seek legal advice urgently.

Understanding the Order Against You

When you are served with a protection order application, you will receive documents explaining the allegations and conditions sought. Read these carefully and note your court date.

The documents you receive will typically include:

The application — details of who is seeking the order and who is to be protected (which may include children). The application will outline the allegations or grounds for seeking the order.
Conditions sought — the specific conditions being requested, such as no contact, exclusion from the home, distance requirements, and any other restrictions. Review these carefully as they define what you would be prohibited from doing.
Court date and location — the date, time, and location of the court hearing. You should attend this hearing or have a lawyer appear on your behalf. Failure to attend may result in the order being made in your absence.
Interim order (if applicable) — an interim order may have already been made pending the hearing. If so, you must comply with all interim conditions immediately. These are legally binding even though the final hearing has not yet occurred.

Note on terminology

Protection orders are named differently across Australian states and territories. They are called Domestic Violence Orders (DVOs) in Queensland, Family Violence Orders (FVIOs) in Victoria, Apprehended Violence Orders (AVOs) in New South Wales, Family Violence Restraining Orders (FVROs) in Western Australia, and by other names in remaining jurisdictions. The legal principles governing response options are broadly similar, but the specific procedures and terminology differ by state. This guide uses "DVO" as a general term throughout.

Your Response Options

You have several options when responding to a protection order application. The right choice depends on your circumstances and any family court proceedings.

Option 1: Consent without admissions

You agree to the order being made without accepting that the allegations are true. This is the most common response and allows the matter to be resolved quickly without a contested hearing.

Advantages: quick resolution; no finding of violence; avoids a contested hearing; no costs risk.

Considerations: the order is still on record and conditions still apply; it may affect your family court case; and you cannot revisit the decision once made.

Option 2: Negotiate conditions

You agree to an order being made but negotiate the specific conditions. For example, you might seek to include provisions that allow communication about children or access to collect belongings.

Advantages: conditions can be tailored to practical realities; shows willingness to cooperate; still relatively quick.

Considerations: requires the other party's agreement; the court must approve conditions; the order is still on record and may still affect family court proceedings.

Option 3: Contest the application

You defend against the application entirely, requiring the applicant to prove their case at a contested hearing. You can give evidence and cross-examine the applicant.

Advantages: opportunity to clear your name; challenge the allegations; no order if successful; evidence given at the hearing can inform family court proceedings.

Considerations: time and cost; risk of a costs order against you; emotionally demanding; the order may still be made even if you contest it.

Cross-Applications for Protection

If you believe you also need protection from the other party, you can make your own application for a protection order. This is called a cross-application.

Each application is assessed on its own merits. Both parties may end up with orders against each other if the court is satisfied both have legitimate concerns about safety.

Genuine need — only make a cross-application if you genuinely fear for your safety. Courts scrutinise cross-applications carefully to ensure they are not tactical responses to being named as a respondent.
Evidence required — you will need to provide evidence supporting your application, such as records of incidents, police reports, medical records, or witness statements.
Credibility implications — an unsuccessful cross-application that appears tactical may affect your credibility in both the protection order proceedings and any family court proceedings.

Seek legal advice first

Before making a cross-application, seek legal advice about whether it is appropriate in your circumstances. A cross-application made without proper grounds can backfire and affect your position in ongoing proceedings.

Undertakings as an Alternative

In some states, the court may accept undertakings (formal promises) instead of making a protection order. Whether undertakings are appropriate depends on the circumstances.

Unlike a protection order, undertakings are not a criminal offence to breach (though breach may constitute contempt of court), are not recorded as a protection order, and may not trigger automatic conditions in family court. Both parties must agree if undertakings are offered as an alternative.

Courts may consider undertakings where:

the allegations are at the lower end of seriousness;
there is no history of violence;
the applicant agrees to undertakings; and
the court is satisfied undertakings provide adequate protection.

Availability varies by state

Not all states and territories allow undertakings as an alternative to protection orders. Some jurisdictions have moved away from undertakings in family violence matters due to concerns about victim safety. Check the position in your jurisdiction with a local lawyer or duty solicitor.

Understanding Breach Consequences

Breaching a protection order is a serious criminal offence. Understanding what constitutes a breach is essential to avoiding unintended criminal consequences.

Common scenarios that constitute a breach include:

Direct contact — phone calls, texts, emails, approaching the protected person, social media contact or messages, and physical presence near protected locations.
Indirect contact — messages via friends or family, sending gifts or letters, asking others to make contact, and posting about the person online.
Location breaches — going to the family home, attending the protected person's workplace, being near children's school, and breaching distance requirements.
Other breaches — damaging property, surveillance or stalking, failing to surrender weapons, and threatening behaviour.

If the protected person contacts you

If the protected person initiates contact with you, do not respond. Document the contact (screenshot messages, note times and content of calls) but do not engage. The order binds you regardless of who initiates contact. Responding can still constitute a breach on your part.

Impact on Family Court Proceedings

A DVO can significantly affect family court parenting proceedings. The family court considers protection orders as part of its assessment of risk when determining parenting arrangements.

Under Section 60CC of the Family Law Act 1975, the court must consider any family violence when determining what is in a child's best interests. A DVO — even one consented to without admissions — may affect time arrangements, require supervised handovers, or be considered as evidence of risk. The family court will also consider the DVO's conditions when making parenting orders.

The interaction between protection order proceedings and family court proceedings is complex. Decisions made in one forum can affect the other. Seek legal advice that addresses both sets of proceedings together rather than in isolation.

Common questions

What is a DVO and how does it affect me?

A Domestic Violence Order (DVO), also called an intervention order, FVIO, or AVO depending on your state, is a court order that restricts your behaviour to protect another person. If a DVO is made against you, you must comply with all its conditions. Breaching a DVO is a criminal offence that can result in arrest, imprisonment, fines, and a criminal record.

What are my options when responding to a DVO application?

You have three main options: (1) Consent to the order without admissions, meaning you agree to the order being made without accepting the allegations are true; (2) Negotiate conditions by agreeing to some conditions while seeking to vary others; or (3) Contest the application entirely by defending against the allegations at a hearing. Each option has different implications for any family court proceedings.

Can I make a cross-application for protection?

Yes, if you believe you also need protection from the other party, you can make your own application for a protection order (a cross-application). However, courts scrutinise cross-applications carefully to ensure they are genuine and not tactical. Making a cross-application that is found to be without merit can affect your credibility and may have costs consequences.

What are undertakings and should I offer them?

An undertaking is a formal promise to the court to do or not do certain things, without a protection order being made. In some states, courts can accept undertakings instead of making a DVO. Undertakings are not enforceable as criminal breaches, but breaking an undertaking may be considered contempt of court and can affect family court proceedings. Whether to offer undertakings depends on your specific circumstances.

How will a DVO affect my family court case?

A DVO can significantly impact family court parenting proceedings. Under Section 60CC of the Family Law Act 1975, the court must consider any family violence when determining what is in a child's best interests. A DVO (even one consented to without admissions) may affect time arrangements, require supervised handovers, or be considered evidence of risk. The family court will also consider the DVO's conditions when making parenting orders.

What happens if I accidentally breach the DVO?

Any breach of a DVO is a criminal offence, regardless of intent. 'Accidental' contact (such as bumping into the protected person) is still technically a breach, though police and courts may consider circumstances when deciding whether to prosecute. If the protected person initiates contact with you, you should still avoid responding and document what occurred. Seek legal advice immediately if you believe a breach may have occurred.

Legal disclaimer

This article provides general information about responding to protection order applications in Australia. It is not legal advice. Protection orders involve state and territory legislation which varies between jurisdictions. If a protection order application has been made against you, you should seek legal advice specific to your state or territory urgently. Duty lawyers are often available at court.