How do Domestic Violence Orders get made?

 

image of a protection orderIf someone has used domestic and family violence against you, a Domestic Violence Order may help keep you safe.

An order may be made to protect you or your children if someone has done things to you like:

 

image of legal adviceThe laws about when a Domestic Violence Order can be made are different in each State and Territory, so it’s important to get legal adviceACTNSWNTQldSATasVicWA.

 

 

 

 

image of police officerIn some places, most Domestic Violence Orders are applied for by the police. In other places, the person who wants a Domestic Violence Order usually makes the application themselves.

 

 

 

 

image of person readingChoose your State or Territory for more information about how Domestic Violence Orders are made.

If you or someone you are with is in immediate danger―call police on Triple Zero (000).

 

 

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 image of a protection orderIn the Australian Capital Territory, you or the police can apply for a Family Violence Order (FVO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a FVO if someone has used domestic and family violence against you, or you’re scared they will.

 

 

image of police officer If you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can apply for an emergency FVO for your protection. An emergency FVO is an urgent order that can protect you until the case goes to court.

 

 

image of a gavelIf the police apply for a FVO to protect you or your children, it may not be up to you if the FVO goes ahead or not.

 

 

image of courtYou can apply for a FVO at the Magistrates Court. It’s important to get legal advice about this. If an application is urgent, sometimes an Interim (temporary) FVO can be made.

 

 

image of a childThe Children’s Court can also make or change a FVO in some child protection cases.

 

 

 

image of a helping handFor services that can help you through the FVO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for a FVO and what forms to fill out, see resources and get legal advice.

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image of questioningYou or the police can apply for a Family Violence Order (FVO) to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship with—like someone you dated
  • relatives such as your mum, dad, siblings, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, in-laws, uncle, aunt, cousin, niece or nephew
  • Aboriginal or Torres Strait Islander kinship relatives
  • your child, your partner’s child or your ex-partner’s child
  • your child’s other parent.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of order, called a Personal Protection Order.

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image of a protection orderIn New South Wales, you or the police can apply for an Apprehended Domestic Violence Order (ADVO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for an ADVO if someone has used domestic and family violence against you, or if you’re scared they will.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Provisional ADVO for your protection. A Provisional ADVO is an urgent order that can protect you until the case goes to court.

 

 

image of a gavelIf the police apply for an ADVO to protect you or your children, it may not be up to you if the ADVO goes ahead or not.

 

 

image of court If the police don’t take out an ADVO for you or if you don’t feel comfortable going to the police, you can apply for an ADVO at the Local Court. It’s important to get legal advice about this.

 

 

image of a childThe Children’s Court can also make or change an ADVO in some child protection cases.

 

 

 

image of a helping handFor services that can help you through the ADVO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for an ADVO, see resources and get legal advice.

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image of questioningYou or the police can apply for an Apprehended Domestic Violence Order (ADVO) to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship with (even if there was no sexual relationship)—like someone you dated
  • relatives such as your child, mum, dad, siblings, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, in-laws, uncle, aunt, cousin, niece, nephew or someone you used to be related to
  • Aboriginal or Torres Strait Islander kinship relatives
  • your current or former housemates, or some people who have lived long-term in the residential facility
  • someone who is or was your carer – if they were paid or not
  • someone who is or was your dependant – if you were an unpaid carer
  • your ex-partner’s new partner, or your partner’s ex-partner.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of order, called an Apprehended Personal Violence Order.

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image of a protection orderIn the Northern Territory, you or the police can apply for a Domestic Violence Order (DVO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a DVO if someone has used domestic and family violence against you, or if you’re scared they will.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Police DVO for your protection. A Police DVO is an urgent order that can protect you until the case goes to court.

 

 

image of a gavelIf the police apply for a DVO to protect you or your children, it may not be up to you if the DVO goes ahead or not.

 

 

image of courtIf the police don’t take out a DVO for you or if you don’t feel comfortable going to the police, you can apply for a DVO at the Local Court. It’s important to get legal advice about this.

 

 

image of a helping handFor services that can help you through the DVO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for a DVO and what forms to fill out, see resources and get legal advice.

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image of questioningYou or the police can apply for a Domestic Violence Order (DVO) to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship (even if there was no sexual relationship)—like someone you dated
  • relatives such as your child, mum, dad, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, in-laws, uncle, aunt, cousin, niece, nephew or someone you used to be related to
  • Aboriginal or Torres Strait Islander kinship relatives
  • someone who is or was your guardian or who you have had guardianship over
  • someone who is or was your carer or dependant―if they were paid or not
  • your current or former housemates, and their relatives.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of order, called a Personal Violence Order.

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image of a protection orderIn Queensland, you or the police can apply for a Domestic Violence Order (DVO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a DVO if someone has used domestic and family violence against you.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Police Protection Notice for your protection. A Police Protection Notice is an urgent order that can protect you until the case goes to court.

 

 

image of a gavel If the police apply for a DVO to protect you or your children, it may not be up to you if the DVO goes ahead or not.

 

 

image of court If the police don’t take out a DVO for you or if you don’t feel comfortable going to the police, you can apply for a DVO at your local Magistrates Court. It’s important to get legal advice about this. If your application is urgent, sometimes a Temporary Protection Order can be made.

 

 

image of a childThe Childrens Court can also make or change a DVO in some child protection cases.

 

 

 

image of a helping handFor services that can help you through the DVO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for a DVO and what forms to fill out, see resources and get legal advice.

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image of questioningYou or the police can apply for a Domestic Violence Order (DVO) to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship with—like someone you were in a couple relationship with or someone you were engaged to marry
  • relatives such as your child, mum, dad, siblings, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, in-laws, uncle, aunt, cousin, niece, nephew or someone you used to be related to
  • Aboriginal or Torres Strait Islander kinship relatives
  • your carer or dependant in an informal care relationship.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of protection order, called a Peace and Good Behaviour Order.

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image of a protection orderIn South Australia, you or the police can apply for an Intervention Order to protect you and your children.

 

 

image of intimidationYou or the police can apply for an Intervention Order if someone has abused you, or it’s reasonable to suspect they will.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make an Interim Intervention Order for your protection. An Interim Intervention Order is an urgent order that can protect you until the case goes to court.

 

 

image of a gavel If the police apply for an Intervention Order to protect you or your children, it may not be up to you if the Intervention Order goes ahead or not.

 

 

image of courtIf the police don’t take out an Intervention Order for you or if you don’t feel comfortable going to the police, you can apply for an Intervention Order at your local Magistrates Court. It’s important to get legal advice about this.

 

 

image of a childThe Youth Court can also make or change an Intervention Order in some child protection cases.

 

 

 

image of a helping handFor services that can help you through the Intervention Order process, see support at court.

 

 

image of legal adviceFor more information about how to apply for an Intervention Order, see resources and get legal advice.

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image of questioningYou or the police can apply for an Intervention Order to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship with―like someone you dated
  • relatives such as your child, mum, dad, siblings, grandparents, grandchildren, step-parents, step-children, step-siblings or half-siblings
  • relatives of your partner, ex-partner or someone you have been in an intimate relationship with
  • Aboriginal or Torres Strait Islander kinship relatives
  • someone who is or was your guardian or who you have had guardianship over
  • your carer or dependant.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of Intervention Order.

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image of a protection orderIn Tasmania, you or the police can apply for a Family Violence Order (FVO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a FVO if someone has used domestic and family violence against you.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Police Family Violence Order for your protection. A Police Family Violence Order is an urgent order that can be made without going to court.

 

 

image of a gavel If the police apply for a FVO to protect you or your children, it may not be up to you if the FVO goes ahead or not.

 

 

image of court If the police don’t take out a FVO for you or if you don’t feel comfortable going to the police, you can apply for a FVO at your local Magistrates Court. It’s important to get legal advice about this.

 

 

image of a helping handFor services that can help you through the FVO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for a FVO and what forms to fill out, see resources and get legal advice.

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image of questioningYou or the police can apply for a Family Violence Order (FVO) to protect you from:

  • your current or former husband or wife
  • your current or ex-partner if you had a significant relationship. A significant relationship means an unmarried couple who are not related by family.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of protection order, called a Restraint Order.

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image of a protection orderIn Victoria, you or the police can apply for a Family Violence Intervention Order (FVIO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a FVIO if you are at risk of experiencing domestic and family violence.

 

 

image of police officerIf you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Family Violence Safety Notice for your protection. A Family Violence Safety Notice can protect you until the case goes to court. For more information about Family Violence Safety Notices, see resources.

 

 

image of a gavel If the police apply for a FVIO to protect you or your children, it may not be up to you if the FVIO goes ahead or not.

 

 

image of court If the police don’t take out a FVIO for you or if you don’t feel comfortable going to the police, you can apply for a FVIO at your local Magistrates Court. It’s important to get legal advice about this. You will need to make an appointment at the court to start an application. If your application is urgent, sometimes a Temporary FVIO can be made.

 

 

image of a childThe Children’s Court can also make or change a FVIO in some child protection cases.

 

 

 

image of a helping handFor services that can help you through the FVIO process, see support at court.

 

 

image of legal adviceFor more information about how to apply for a FVIO, see resources and get legal advice.

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You or the police can apply for a Family Violence Intervention Order (FVIO) to protect you from:

  •  image of questioningyour current partner or ex-partner
  • someone you are or were in an intimate relationship (even if there was no sexual relationship)—like someone you dated
  • relatives by birth, marriage or adoption – for example, your child, mum, dad, siblings, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, uncle, aunt, cousin, niece, nephew or someone you used to be related to
  • people you treat like a family member – for example, a carer or dependant, your guardian or someone you had guardianship over, a child who lives with you or a person who is related to you within the family structure of your culture
  • relatives of your partner, ex-partner or someone you have been in an intimate relationship with
  • Aboriginal or Torres Strait Islander kinship relatives

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of Intervention Order called a Personal Safety Intervention Order.

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image of a protection orderIn Western Australia, you or the police can apply for a Family Violence Restraining Order (FVRO) to protect you and your children.

 

 

image of intimidationYou or the police can apply for a FVRO where someone has used domestic and family violence against you or you’re scared they will.

 

 

image of police officer If you have experienced domestic and family violence, you should contact the police.

 

 

In some cases, police can make a Police Order for your protection. A Police Order is an urgent order that can protect you for up to 72 hours. For more information about Police Orders, see resources.

 

 

image of a gavel If the police make a Police Order to protect you or your children, it may not be up to you if it goes ahead or not.

 

 

image of courtYou can apply for a FVRO at your local Magistrates Court. It’s important to get legal advice about this. If your application is urgent, sometimes an Interim (temporary) FVRO can be made.

 

 

image of a helping handFor services that can help you through the FVRO process, see support at court.

 

 

image of a childThe Family Court of WA, the Children’s Court and criminal courts can also make or change a FVRO in some family law, child protection and criminal cases.

 

 

image of legal adviceFor more information about how to apply for a FVRO, see resources and get legal advice.

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image of questioningYou or the police can apply for a Family Violence Restraining Order (FVRO) to protect you from:

  • your current partner or ex-partner
  • someone you are or were in an intimate relationship with – for example, someone you dated
  • relatives such as your child, mum, dad, grandparents, grandchildren, step-parents, step-children, step-siblings, half-siblings, in-laws, uncle, aunt, cousin, niece, nephew or someone you used to be related to
  • a person you treat like a family member – for example, a carer or dependant, a child who lives with you or a person who is related to you within the family structure of your culture
  • relatives of your partner or ex-partner
  • your ex-partner’s new partner, or your partner’s ex-partner
  • Aboriginal or Torres Strait Islander kinship relatives.

If the person you want to be protected from is not listed above, get legal advice. You may be able to apply for a different type of Restraining Order.

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