A family violence restraining order (FVRO) can be applied for, granted, and served within hours. Whether you are seeking protection from someone or you have just been handed an order you did not expect, the decisions you make in the first days could shape your life for years to come. This Astor Legal expert guide explains everything you need to know. 

Key Takeaways

• An FVRO is a court order that restrains a person from committing family violence against a person with whom they share a family relationship. 
• Every Australian state and territory has a version of this legislation, though the name of the order and the court process differ.
• An interim FVRO can be granted on the same day as the application, without the respondent being present, and takes full legal effect from the moment it is served.
• Breaching a family violence order is a criminal offence in every Australian state and territory, carrying penalties that include imprisonment and a permanent criminal record.
• Both applicants and respondents to FVROs benefit from seeking legal advice as early as possible.

What Is a Family Violence Restraining Order?

A woman has just changed the locks on her front door for the second time in a month. Her ex-boyfriend has shown up unannounced three times this week, stood on the driveway shouting until the neighbours turned their lights on, and bombarded her with messages between midnight and morning. Nothing physical has happened yet, but the fear that it will is constant. It is that fear, well-founded and well-documented, that brings her to the Magistrates Court to apply for an FVRO.

An FVRO, or family violence restraining order, is a civil court order that restrains a person from committing family violence against another person with whom they share a family relationship. It is the term used in Western Australia, but the same type of order exists in every Australian state and territory under different names: 

• Apprehended Domestic Violence Order (ADVO) in New South Wales
• Family Violence Intervention Order (FVIO) in Victoria
• Domestic Violence Order (DVO) in Queensland
• Intervention Order in South Australia
• Family Violence Order in Tasmania and the ACT
• Domestic Violence Order in the Northern Territory

While the terminology varies, the purpose of each is the same: to protect a person from violence, intimidation, and controlling behaviour by someone close to them.

How do Family Violence Restraining Orders Work?

It is important to understand from the outset that an FVRO is a civil order, not a criminal charge. The making of the order does not result in a criminal conviction or a criminal record for the respondent. However, if the person bound by the order breaches any of its conditions, that breach is a criminal offence with serious consequences, including imprisonment in serious cases.

The definition of family violence under the relevant legislation is deliberately broad. The law has kept pace with the reality that domestic violence rarely announces itself only with cuts and bruises. It extends well beyond physical violence to include threats, intimidation, harassment, emotional abuse, financial control, and any behaviour that coerces or dominates a family member in a way that causes them to be fearful. Stalking and the non-consensual sharing of intimate images are also captured. 

“One of the most common misconceptions we encounter is the belief that a family violence order only applies between spouses or former partners. The legislation is far broader. Depending on the jurisdiction, an FVRO or equivalent order can be sought against a parent, a sibling, an adult child, or an in-law. If past incidents of family violence have occurred and there are reasonable grounds to apprehend further violence, the court has the power to act.” — Avinash Singh, Principal Lawyer, Astor Legal

Who Can Apply for a Family Violence Order?

Any person who is in, or has been in, a family relationship with the respondent and who has reasonable grounds to apprehend that the respondent will commit family violence against them may apply for an FVRO or its equivalent in their state or territory. The definition of a family member is broad across all jurisdictions and typically includes:

• Current or former spouses and de facto partners
• People in intimate personal relationships, including those who have never lived together
• Relatives by blood or marriage, including parents, siblings, grandparents, and in-laws
• People who live or have lived together in the same household
• Children of any of the above relationships

An application can also be made on behalf of a person by a police officer, a legal guardian, or, in certain circumstances, another person with a sufficient interest in the applicant’s safety. Where children are involved, applications may be heard in the Children’s Court rather than the Magistrates Court, depending on the jurisdiction.

Importantly, a family violence order can be applied for by any person regardless of gender, age, cultural background, or the nature of the relationship. Family violence affects people from every part of Australian society, and the law is designed to be accessible to all of them.

The Process: From Application to Final Order

Making the Application

In most Australian states and territories, applications for a family violence order can be made at the local Magistrates Court or, in some cases, online. An application form sets out the details of the family violence that has occurred and explains why the applicant fears it will happen again. 

Supporting material such as photographs, text messages, medical records, and a sworn statement or affidavit can be attached. In urgent situations, a police officer can make an application on the applicant’s behalf, or a telephone application can be made outside court hours.

The Interim Order

Once an application is filed, a magistrate will consider it, often on the same day. The respondent is not present at this stage and has no opportunity to be heard before an interim FVRO is made. In Western Australia, the court must grant the interim order unless there are special circumstances that make doing so inappropriate, reflecting a legislative presumption that protection should come first.

If the interim order is granted, the police will serve it on the respondent. From that moment, it carries full legal force. A respondent who contacts the protected person, attends a prohibited location, or approaches the protected person after being served has breached a binding court order, regardless of how recently they were served or whether they have attended court. 

Many respondents are arrested for breaching an interim order within days of being served simply because they did not understand that the order was immediately enforceable.

The First Hearing and Contested Process

The interim order will set a date for the first hearing, at which both parties are required to attend court. At this hearing, the magistrate will confirm service and assess whether the matter is contested or whether the respondent consents to a final order.

If the respondent does not contest the matter, a final order can be made. If they do contest it, the matter proceeds through a directions hearing and ultimately to a contested final order hearing, where evidence is presented, and witnesses may be cross-examined.

If the respondent does not file an objection within the required timeframe, the interim order is made final without a hearing. A final FVRO typically lasts for two years, though the court may specify a longer period in serious cases.

“An interim order can turn a person’s life upside down within hours of being served. We regularly advise respondents who did not appreciate that the order was immediately enforceable and who have already committed a breach before they came to us. Early legal advice, before the first court date, makes an enormous difference to the range of outcomes available.” — Avinash Singh, Principal Lawyer, Astor Legal

Family Violence Orders by State and Territory

While the purpose of a family violence order is consistent across Australia, the legislation, court process, and penalties differ in each jurisdiction. The following overview outlines the specific details in each state and territory.

New South Wales

In New South Wales, family violence orders are called Apprehended Domestic Violence Orders (ADVOs) and are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Applications are heard in the NSW Local Court. Police have both the power and the obligation to apply for an ADVO where they suspect a domestic violence offence has occurred or is likely. Breaching an ADVO is a criminal offence. The base maximum penalty is two years’ imprisonment. New aggravated offences introduced in 2024 provide for a maximum of three years’ imprisonment for intentional breaches and five years for persistent breaches involving three or more violations within 28 days.

Victoria

In Victoria, family violence orders are called Family Violence Intervention Orders (FVIOs) and are governed by the Family Violence Protection Act 2008 (Vic). Applications are made to the Magistrates Court of Victoria. Police can also issue a Family Violence Safety Notice at the scene of an incident as a form of temporary order providing immediate protection until the matter is heard in court. Breaching an FVIO is a criminal offence.

Queensland

In Queensland, family violence orders are called Domestic Violence Orders (DVOs) and are governed by the Domestic and Family Violence Protection Act 2012 (Qld). Applications are made to the Queensland Magistrates Court. Breaching a DVO is a criminal offence under section 177 of the Act. The maximum penalty for a first offence is three years imprisonment, rising to five years for a subsequent breach within five years.

South Australia

In South Australia, protection is sought through an Intervention Order (IO), governed by the Intervention Orders (Prevention of Abuse) Act 2009 (SA). Applications are made through the Magistrates Court of South Australia. Police can issue an emergency intervention order immediately where there is a risk to safety, which takes effect prior to any court hearing.

Western Australia

In Western Australia, the order is an FVRO and is governed by the Restraining Orders Act 1997 (WA). Applications are made through the Magistrates Court of Western Australia. Western Australia is unique in offering the conduct agreement order, an alternative outcome where the respondent consents to an FVRO on a without-admission basis. Breaching an FVRO carries a maximum penalty of a $10,000 fine, two years imprisonment, or both.

Tasmania

In Tasmania, protection is provided through a Family Violence Order (FVO), governed by the Family Violence Act 2004 (Tas). Applications are made to the Magistrates Court. Police have broad powers to issue a Police Family Violence Order as an interim protection measure before a court hearing.

Australian Capital Territory

In the ACT, family violence orders are called Family Violence Orders (FVOs) and are governed by the Family Violence Act 2016 (ACT). Applications are made to the ACT Magistrates Court. The ACT legislation reflects a broad definition of family violence that includes economic abuse and technology-facilitated abuse.

Northern Territory

In the Northern Territory, protection is provided through a Domestic Violence Order (DVO), governed by the Domestic and Family Violence Act 2007 (NT). Applications are made to the Local Court. The NT legislation reflects the particular circumstances of remote communities and includes provisions for orders to be made in those settings.

Orders Are Nationally Recognised

From 25 November 2017, every domestic violence order made in any Australian state or territory is automatically recognised and enforceable across the whole of Australia under the National Domestic Violence Order Scheme. 

This means that if a person protected by an ADVO in New South Wales moves to Western Australia, the order remains in force and can be enforced by WA police without any additional application. A respondent who breaches a recognised interstate order faces the same criminal consequences as if they had breached an order made locally.

What Happens if a Family Violence Order Is Breached?

A family violence order breach is a criminal offence in every Australian state and territory. Unlike the application for the order itself, which is a civil matter, a breach results in criminal proceedings, criminal penalties, and a permanent entry on the respondent’s criminal record.

It is not a defence to a breach charge that the protected person invited, encouraged, or consented to the contact. If a person bound by an FVRO or equivalent order responds to a message from the protected person, attends a location they were prohibited from attending, or makes contact through a third party, they have breached the order. The protected person cannot be charged in those circumstances, but the court may vary or cancel the order if the protected person has consistently aided the breach.

In every jurisdiction, a police officer has the power to arrest a respondent without a warrant where the officer has reasonable grounds to believe an order has been breached. All reported breaches must be investigated.

“A respondent who ignores a family violence order, even for a single phone call or text message, is taking a risk that can result in immediate arrest and criminal charges. The order is binding from the moment of service, and the fact that contact was initiated by the protected person is not a defence. We strongly advise anyone who has been served with any form of family violence order, in any state, to get legal advice before they do anything else.” — Avinash Singh, Principal Lawyer, Astor Legal

Speak to an Expert Lawyer Today

Whether you are applying for a family violence order to protect yourself or a family member, or you have been served and need to understand your legal options, the time to seek legal advice is now. 

These matters move quickly across every Australian jurisdiction, and the decisions made in the first days can shape every stage of the process that follows.

At Astor Legal, our lawyers have extensive experience acting in apprehended violence order and family violence order proceedings in the NSW Local Court and beyond. 

Our Principal Lawyer, Avinash Singh, is a Law Society Accredited Specialist in criminal law who has appeared in complex domestic violence matters, achieving outcomes for both people seeking protection and respondents facing orders made on contested or inaccurate grounds. 

Our firm has been recognised with multiple national awards, including Criminal Law Firm of the Year and Most Trusted Criminal Law Firm in Sydney. We are members of the Legal Aid NSW panels, and over 150 independent five-star reviews reflect the positive results we deliver for our clients.

Contact us today for a free initial consultation. Call (02) 7804 2823, email info@astorlegal.com.au, or submit an enquiry online.