In New South Wales, where domestic violence laws are taken very seriously, DVOs are a common mechanism to protect people from harm.
This article will explore everything you need to know about DVOs, from what they actually are and their purpose, to who is eligible for one.
Our aim is to help you better understand your legal protections under Australian law.
If you’re considering applying for a DVO or need advice on how to proceed, consult with experienced domestic violence lawyers in Sydney, can make all the difference.
How a DVO can provide you legal protection
Domestic Violence Orders (DVO) were developed to protect individuals by legally restricting the behaviour of someone who may pose a threat to them within a domestic relationship.
These orders aim to create a safe environment for those at risk of domestic violence, ensuring they are shielded from harm, intimidation, or harassment.
For example, a DVO can:
- Prevent the respondent from contacting the protected person, their children, or other family members.
- Restrict the respondent from visiting locations like the aggrieved person’s home, workplace, or their children’s school.
- Prohibit threatening behaviours or actions that could endanger safety.
The goal of a DVO is to protect people from further harm and provide legal recourse if boundaries are crossed.
This protection extends to those seeking safety in circumstances where domestic violence or threats of violence are present.
DVOs are part of a broader legal framework under laws like the Family Violence Protection Act in some jurisdictions, ensuring that protection is upheld. If a respondent violates the DVO’s conditions, it is treated as a criminal offence with serious consequences, including criminal charges or imprisonment.
By setting clear and enforceable boundaries, DVOs help protect individuals, giving them the security and safety they need to rebuild their lives.
How does a DVO work?
When a Domestic Violence Order (DVO) is issued, the respondent is formally notified, typically by the police officer serving the order in person. If the DVO is made during a court hearing, the respondent may already be present to hear the Magistrates Court’s decision.
Once the order is served, it becomes a legally binding protection order, and the respondent must follow the conditions set out in the DVO, such as no contact, staying away from certain locations and avoiding actions that could cause harm.
If the respondent breaches the DVO, it is considered a serious criminal offence. Common outcomes of a breach include:
- Police action: Breaches are reported to the police, who investigate and may arrest the respondent.
- Court penalties: The respondent may face fines, imprisonment, or further court orders.
- Criminal record: A breach can result in a lasting criminal record, which may impact the respondent’s ability to hold a weapons licence or maintain good behaviour in the future.
Types of DVOs
Domestic Violence Orders (DVOs) come in different forms to address varying situations and provide tailored protection.
Some types of DVOs overlap with broader legal protections, such as family violence orders, which are designed to safeguard individuals in domestic and family relationships from harm or threats.
Understanding these distinctions, including the difference between AVO and ADVO, can help you determine the right legal path for your situation.
Temporary Protection Orders
A temporary protection order is granted on an interim basis to provide immediate safety while the court reviews the full case.
These orders typically remain in effect until the final hearing, where a decision is made on whether to issue a final DVO.
Temporary orders often include urgent conditions, such as prohibiting contact or requiring the respondent to stay away from certain locations.
Final DVOs
A final DVO is issued after the court determines that long-term protection is necessary.
These orders can last up to five years, though the duration may vary depending on the case.
Final DVOs provide comprehensive safeguards for the aggrieved person and any other protected individuals, such as children or family members.
Variation of Orders
Sometimes, existing orders need to be changed. Variations might extend, modify, or remove conditions depending on changes in circumstances or new evidence.
Specialist DVOs
Specialist orders, such as those under the Family Violence Protection Act, address more complex situations, including multiple protected individuals or extended family dynamics. These orders are often applied in cases involving children or broader family contexts.
If you’re unsure which DVO might apply to your situation, consulting with expert family lawyers can help clarify your options and guide you through the process.
Protection orders by state and territory
While much of this guide focuses on the general DVO framework, the specific name, legislation, and process for obtaining a protection order varies depending on which state or territory you live in.
Below is a summary of how each jurisdiction handles domestic and family violence protection orders, along with key differences worth knowing about.
New South Wales
In NSW, the relevant orders are called Apprehended Domestic Violence Orders (ADVOs) for people in domestic relationships, and Apprehended Personal Violence Orders (APVOs) for other situations.
You can ask the police to apply for an AVO on your behalf, or you can apply directly through the Local Court.
If there is an immediate risk of danger, police can issue a provisional AVO that provides protection for 28 days while the matter proceeds to a hearing.
Victoria
Victoria has two types of intervention orders: Family Violence Intervention Orders (FVIOs) for people in family or domestic relationships, and Personal Safety Intervention Orders (PSIOs) for broader situations.
A notable difference in Victoria is that PSIOs can be taken out against a wide range of people, not just family members or partners, but also neighbours, tenants, landlords, colleagues, or even strangers.
Victoria’s legislation also explicitly recognises physical, mental, and financial abuse as grounds for an order.
Queensland
Queensland courts issue Domestic Violence Orders (DVOs).
These can take the form of a temporary protection order for urgent situations, or a final protection order that can last up to five years depending on the circumstances.
Breaching the conditions of a QLD protection order is a criminal offence that can carry significant penalties, including imprisonment.
South Australia
In South Australia, protection orders are called Intervention Orders, governed by the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
The application process differs slightly from other states — you make a statement at a police station, and a police prosecutor presents your case at the court hearing on your behalf. If you have children, the order can extend protection to them as well.
Australian Capital Territory
The ACT offers two distinct types of orders: Personal Protection Orders and Workplace Protection Orders.
The workplace order is unique to the ACT and provides a specific pathway for people experiencing violence or threats in a work context.
If you file your application before 11:30am, the matter can be heard on the same day, making the ACT process one of the faster options for urgent protection. Final orders typically last 12 months.
Western Australia
Western Australia has three categories of restraining order: Family Violence Restraining Orders, Violence Restraining Orders, and Misconduct Restraining Orders.
WA joined the National Domestic Violence Order Scheme on 25 November 2017, meaning that any order made in WA is now automatically recognised and enforceable across all Australian states and territories.
If your order was made before that date, you can apply to have it recognised nationally.
Tasmania
In Tasmania, you can apply to the Magistrates Court for a Family Violence Order.
A police officer or lawyer can also apply on your behalf. These orders typically last for 12 months and can extend protection to your children.
Northern Territory
The Northern Territory issues Domestic Violence Orders through its Local Court.
NT orders can include a broader set of conditions than some other jurisdictions, for example, they may specifically prohibit the respondent from pressuring you financially, selling your property without consent, or contacting you while intoxicated.
A note on cross-border recognition
Thanks to the National Domestic Violence Order Scheme, domestic violence orders made in any Australian state or territory are automatically recognised and enforceable across the entire country.
This means that if you move interstate or travel, your protection order travels with you.
If you have an older order that predates your state’s entry into the scheme, you can apply to have it formally recognised.
How to get a DVO (step-by-step process)
Applying for a Domestic Violence Order (DVO) can feel overwhelming, but understanding the process can make it less daunting. Here’s a step-by-step guide for applying for DVOs:
1. Seek immediate safety
If you’re in immediate danger, contact the police. Police officers can apply for a DVO on your behalf if they believe you need protection. They can issue a temporary protection order to provide urgent safety until the matter goes to court.
2. File an application
You can apply for a DVO through your local Magistrates Court. The application will require:
- Details of the respondent: Including their name, address, and any identifying information.
- Evidence: This may include police reports, text messages, photos of injuries, or statements from witnesses that demonstrate the need for a DVO.
- Circumstances: A written description of the threats, violence, or harassment you’ve experienced, explaining why the order is necessary.
3. Attend the court hearing
Once your application is filed, a court date will be set. During the hearing:
- You may need to provide further details about the incidents and evidence.
- The respondent may also attend and present their side of the story.
- The magistrate will review the application and decide whether to issue a temporary or final DVO.
If the respondent doesn’t appear in court, the DVO may be granted in their absence.
4. Understand the issued order
If the magistrate grants a DVO, it will include specific conditions that the respondent must follow. These conditions are tailored to your situation and aim to ensure your safety.
5. Notify the respondent
The respondent must be officially served with the DVO by the police or another authorised individual. This ensures they are aware of the order and its conditions.
6. Follow up and report breaches
Once the DVO is in effect, it’s crucial to report any breaches immediately. Breaches are considered a criminal offence, and the police can intervene to enforce the order and ensure your safety.
If you are not in immediate danger, we highly recommend that you work with a lawyer to ensure that you have all of the information you need and understand all of the options available to you.
Eligibility and conditions for a DVO
A Domestic Violence Order (DVO) is available to individuals in domestic relationships who are experiencing threats, violence, or harassment.
This includes family members, current or former partners, or people living in the same household.
The court must be satisfied that domestic violence has occurred and that the aggrieved person requires protection.
Evidence plays a critical role in the application process.
Common examples include police reports, witness statements, text messages, or photographs of injuries or property damage.
These help demonstrate the need for a DVO to safeguard the applicant’s safety.
Respondents can contest a DVO in court, allowing both parties to present evidence and arguments before the magistrate.
Penalties for violating a DVO
Violating the conditions of a DVO is a serious criminal offence with significant penalties, including fines, imprisonment, or both.
Breaches are reported to the police, who investigate and take action, including arrests if necessary.
For example, attempting to contact the protected person through text messages, visiting prohibited locations, or making threats are all common breaches.
Repeated violations may result in stricter penalties, such as longer imprisonment, and can leave the respondent with a criminal record.
The enforcement of DVOs is handled by the police, and breaches should always be reported promptly to ensure the safety of the protected person.
When you can apply for legal costs
In certain circumstances, either the applicant or the respondent involved in a Domestic Violence Order (DVO) case can apply to have their legal costs covered.
This is not automatic and typically depends on the specifics of the case and the court’s discretion.
Legal costs may be awarded if the court determines that one party has acted unreasonably, such as filing frivolous or vexatious claims, or unnecessarily prolonging the proceedings.
For example, if an applicant files a DVO application without sufficient grounds and the case is dismissed, the respondent may request reimbursement for their legal expenses.
Conversely, if the respondent contests a valid DVO application without reasonable grounds and loses, the applicant may seek to recover their legal costs.
How Unified Lawyers Can Help
If you are facing domestic violence issues, it’s common to feel alone and overwhelmed, but we promise you, you don’t have to face it alone.
At Unified Lawyers, we’re here to provide clear, compassionate, and practical legal advice tailored to your unique situation.
Whether you need assistance understanding your rights, gathering the necessary evidence for a DVO application, or responding to an order, our experienced team is ready to guide you every step of the way.
We’ll work to ensure your safety, protect your interests, and help you navigate the legal system with confidence.
Our expertise spans all aspects of family law, including matters involving domestic violence. With offices around Sydney, Melbourne, and Brisbane, our lawyers take the time to listen, provide strategic advice, and act decisively to achieve the best possible outcome for you and your family.
If you need help with a Domestic Violence Order or have questions about your situation, contact us today. Call us on 1300 667 461 or book a free, no-obligation consultation online.
Let’s work together to provide the support and protection you deserve.