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Legal Hotline Australia AVOs & Domestic Violence Orders

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AVOs & Domestic Violence Orders

Whether you need urgent protection or you've had an order made against you, where you stand depends on which state you're in and what the order says. These orders are made in the Local or Magistrates Court — and while the order itself isn't a criminal conviction, breaking it is a serious criminal offence. Call the free hotline now to understand your options and get a lawyer on your matter fast.

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If you have a court date, don't let it pass without advice — what you say (or fail to say) at that first hearing can shape the order for years. And if you're in danger right now, you don't have to wait for a court: in every state the police can put an urgent order in place the same day. Either way, the safest move is to call today.

AVOs & Domestic Violence Orders at a glance

What it''s called
Depends on your state — an AVO in NSW, an intervention order in VIC and SA, a DVO in QLD and NT, a family violence restraining order in WA, and a family violence order in TAS and the ACT
Who decides
A magistrate in the Local or Magistrates Court — though police can put an urgent order in place first
Is it a criminal record
No. The order itself is a civil order and is not a criminal conviction — but if it's breached, that breach is a criminal charge
Breaching it
A criminal offence everywhere in Australia, carrying fines and up to 2–5 years' jail depending on the state and the circumstances
Firearms
Almost always affected — a licence is typically suspended or cancelled and firearms must be handed to police while an order is in force
How urgent
Very. Police can apply for an urgent interim order the same day, and any court date against you should never be faced without advice
Children & parenting
Orders can be written to allow contact for genuine parenting arrangements, and they interact with family law parenting orders — get this right early

What these orders are — and what they''re called where you live

They go by different names in every state and territory, but they do the same basic job: a court order that limits what one person (the "defendant" or "respondent") can do, to protect another person (the "protected person" or "aggrieved"). Typical conditions stop the person from approaching, contacting, threatening or harassing the protected person, and may bar them from a home or workplace.

Here's what it's called where you are:

• **NSW** — Apprehended Violence Order (AVO). An ADVO is for domestic relationships; an APVO is for non-domestic situations like neighbours or co-workers.
• **Victoria** — Family Violence Intervention Order (FVIO), or a Personal Safety Intervention Order where the parties aren't family.
• **Queensland** — Domestic Violence Order (DVO), made as a Protection Order, with a Temporary Protection Order while the case is pending.
• **South Australia** — Intervention Order.
• **Western Australia** — Family Violence Restraining Order (FVRO), or a Violence Restraining Order (VRO) where the parties aren't family.
• **Tasmania** — Family Violence Order (FVO), or a Police Family Violence Order made by police.
• **ACT** — Family Violence Order, or a Personal Protection Order for non-family situations.
• **Northern Territory** — Domestic Violence Order (DVO).

The exact wording, the tests the court applies and the penalties for breach all vary by state — which is exactly why a quick call to confirm your situation is worth it before you do anything. Talk it through with a lawyer now →

If you need protection

You don't have to be in danger alone, and you don't have to navigate the court on your own. There are two ways an order gets started. In an emergency, the **police can act on your behalf** — they can issue or apply for an urgent order (called a provisional order, a police order, a safety notice or a police family violence order depending on the state) that protects you straight away, often the same day, before any full hearing.

You can also **apply yourself** — usually by going to your local court registry, where staff help you complete the application. If the magistrate agrees you need protection in the meantime, they can make an interim (temporary) order on the spot that holds until your case is finalised.

An interim order has real force — it carries conditions and breaking it is a crime, exactly like a final order. If you're frightened or unsure how to start, call the hotline and we'll talk you through your options and connect you with a lawyer who can help you apply. Talk it through with a lawyer now →

If an order has been made against you

Being served with an order is alarming, but how you respond matters enormously — and the worst thing you can do is ignore it or breach it. You generally have a few choices: you can **consent** to the order (sometimes "without admissions", meaning you agree to the conditions without accepting the allegations), you can **contest** it and have the court decide after a hearing, or you can negotiate the conditions.

There are real consequences to weigh. An order can affect where you live, your contact with your children, your firearms, and in some cases your job or professional licence. But the order itself is **not a criminal conviction** and doesn't, by itself, give you a criminal record. What does create a criminal charge is breaching it.

Don't consent to or fight an order based on a guess about what it means for you. The conditions can often be narrowed, and the right approach depends entirely on your circumstances. Get advice before your court date — that's the single most useful thing you can do. Talk it through with a lawyer now →

What the conditions can include

Every order is tailored, but common conditions stop the person from committing violence, threatening, stalking, harassing or intimidating the protected person; from approaching or contacting them (including by phone or online); and from going to or near their home, work or children's school. Some conditions are standard and apply to almost every order; others are added to fit the situation.

Crucially, orders can be written with **exceptions** — for example, allowing contact through a lawyer, or to make genuine arrangements for the care of children. These exceptions matter: without them, an ordinary phone call about the kids could become a criminal breach. Getting the conditions worded sensibly, on either side, is one of the most valuable things a lawyer does here. Talk it through with a lawyer now →

Breaching an order is a crime — take it seriously

This is the point that catches people out. The order is a civil order, but **breaching it is a criminal offence in every state and territory**, and the courts treat breaches very seriously. Penalties commonly run to a fine and up to two years' imprisonment for a single breach, and several states go higher — Queensland's maximum reaches three years (five for repeat offenders), and other states impose mandatory or near-mandatory jail for repeat breaches.

A breach can be as simple as a text message, a "harmless" phone call, or turning up where you weren't supposed to be — even if the protected person invited the contact. If you're a protected person and the order is broken, report it to police; only police can charge a breach. If you've been accused of a breach, get advice immediately — a breach charge is far more serious than the order itself. Talk it through with a lawyer now →

Firearms, work and other knock-on effects

One consequence is almost universal: **firearms**. Across the country, having an order made against you generally means your firearms licence is suspended or cancelled and you must surrender any firearms to police while the order is in force. In some states a final order means you can't reapply for a licence for years afterward. If you hold a licence for work — farming, security, shooting sports — this is something to raise with a lawyer straight away.

Orders can also have flow-on effects for some jobs and professional registrations, and for where you're allowed to live if you share a home with the protected person. These effects vary, and they're often more limited than people fear — which is all the more reason to get a clear picture rather than assume the worst. Talk it through with a lawyer now →

How orders interact with the kids and family law

This is one of the most important and most misunderstood areas. A protection order and a family law parenting order can sit alongside each other, but they can also collide. As a general rule, if a later family law parenting order allows a parent to spend time with a child in a way that an existing protection order forbids, the **family law order takes priority to the extent of the inconsistency** — but the rest of the protection order still stands.

Courts dealing with protection orders are alert to this and can write in exceptions so parents can still make arrangements for the children without breaching the order. Getting the two systems to work together — protecting safety while keeping a workable path for parenting — is genuinely tricky, and it's exactly the kind of thing worth a lawyer's help. Call the hotline and we'll point you in the right direction. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Whether you're frightened and need protection, or you've been served with an order and don't know what it means, this is stressful and time-sensitive. Legal Hotline is a free service you can call any time, day or night. In a single call we'll help you understand which type of order applies in your state, what the conditions mean for you, and what your realistic options are.

If you need a lawyer, we'll connect you with an experienced lawyer who can act for you — anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If there's a court date coming up, or you're worried about your safety, the smartest first step is simply to pick up the phone. Talk it through with a lawyer now →

What happens with an order, step by step

1
An application is madeEither the police apply (often on behalf of someone at risk) or a person applies privately at their local court registry. In urgent cases the police can put a temporary order in place straight away to protect someone before the matter reaches court.
2
An interim order may be madeAt the first court date (the "mention"), the magistrate can make an interim, temporary order if protection is needed in the meantime. It has the same force as a final order — including that breaching it is a crime — and it holds until the case is decided.
3
The defendant respondsThe person the order is sought against can consent to it (sometimes without admitting the allegations), contest it, or seek to negotiate the conditions. This is the stage where getting advice makes the biggest difference.
4
Final order or hearingIf it isn't agreed, the magistrate decides after a hearing and makes a final order (or dismisses the application). A final order sets the conditions and how long it lasts. Either side can later apply to vary or revoke it if circumstances change.

AVOs & Domestic Violence Orders — your questions answered

Is an AVO or DVO a criminal charge or a criminal record?

No. The order itself is a civil order made to protect someone — it is not a criminal conviction and does not, by itself, give you a criminal record. What is criminal is breaching the order. If you breach it, that breach is a separate criminal charge with serious penalties, so the order must be taken seriously even though it isn't a conviction.

What happens if I breach the order?

Breaching a protection order is a criminal offence everywhere in Australia. It commonly carries a fine and up to two years' jail for a single breach, and more in some states — Queensland goes up to three years (five for repeat offenders), and several states impose jail for repeat breaches. Even a text message or a phone call can be a breach, including where the protected person invited the contact. If you've been accused of breaching, get advice immediately.

Can I get protection urgently, today?

Yes. In every state and territory the police can put an urgent order in place straight away — often the same day — to protect someone at risk before any full court hearing. You can also apply yourself at your local court, and a magistrate can make an interim order on the spot if protection is needed in the meantime. Call the hotline and we'll talk you through the fastest path.

An order''s been made against me — should I just consent to it?

Maybe, but not without understanding the consequences first. You can usually consent (sometimes "without admissions"), contest the order, or negotiate the conditions. The right choice depends on what the order would mean for your home, your children, your firearms and your work. Don't decide based on a guess — a free call before your court date can save you a lot of grief.

Will it affect my firearms licence or my job?

Firearms almost always: across Australia, an order generally means your licence is suspended or cancelled and you must hand your firearms to police while it's in force, and a final order can bar you from reapplying for years. Effects on employment and professional licences vary and are often more limited than people fear. If you hold a firearms or work licence, raise it with a lawyer straight away.

How does an order affect seeing my kids?

Protection orders and family law parenting orders can work together, but they can also conflict. Generally, a later family law parenting order takes priority to the extent it's inconsistent with the protection order, while the rest of the order stands. Orders can also be written with exceptions so parents can still arrange care of the children without breaching. This area is tricky — it's well worth getting advice.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand and, if you need one, to be connected with a lawyer anywhere in Australia — usually within the hour. No cost, no obligation.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.

Call now — 1800 951 176

Free legal information. Not legal advice.

Last updated 6 June 2026
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