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Protection orders in Victoria, New South Wales and Queensland

Each state has its own protection order. Victoria has family violence intervention orders (FVIOs) and personal safety intervention orders, New South Wales has apprehended violence orders (AVOs) and Queensland has domestic violence orders (DVOs). In all three, you or the police can apply to the local Magistrates or Local Court, a temporary order can protect you until the hearing, and breaching an order is a criminal offence.

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Protection orders compared

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Protection orders in Victoria, New South Wales and Queensland
TopicVictoriaNew South WalesQueensland
Order

Family violence intervention order (FVIO)

Personal safety intervention order (PSIO)

Apprehended domestic violence order (ADVO)

Apprehended personal violence order (APVO)

Domestic violence order (protection order) (DVO)

Law

Family Violence Protection Act 2008 (Vic)

Personal Safety Intervention Orders Act 2010 (Vic)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Domestic and Family Violence Protection Act 2012 (Qld)

Court

Magistrates' Court of Victoria (Children's Court of Victoria if the applicant is under 18)

Magistrates' Court of Victoria

Local Court of New South Wales

Magistrates Court of Queensland

Who can apply

The person experiencing family violence, or the police on their behalf.

The affected person, someone else with the affected person's consent, or the police.

The police, or the person needing protection. Police must apply for a person under 16.

The person needing protection, or the police. Police must apply for a person under 16.

The aggrieved person, an authorised person acting for them, or the police.

Temporary protection

An interim order is a temporary order that can be made before the respondent is told about the application. It lasts until the court makes another order.

The court considers whether to make an interim order while the case is adjourned. The defendant must obey it until the court decides the case.

A temporary protection order can be made quickly to protect the aggrieved person until the application is decided.

If the order is breached

Breaking the conditions of an order is serious: the police can charge the respondent with a criminal offence.

It is a criminal offence not to follow the conditions of an order, and a finding of guilt can lead to a criminal record.

An AVO is not a criminal conviction, but breaching one can lead to criminal charges.

Once an order is made, it is a criminal offence for the respondent to breach (disobey) it.

Victoria

Family violence intervention order (FVIO)

Law: Family Violence Protection Act 2008 (Vic) (opens in a new tab)

Applies to
Family members, current or former partners and others in a family-like relationship.
Court
Magistrates' Court of Victoria (Children's Court of Victoria if the applicant is under 18)
Who can apply
The person experiencing family violence, or the police on their behalf.
Police applications
Police can apply for an order to protect a person even if that person does not want one. They can also issue a family violence safety notice on the spot, which lasts for up to 14 days until the court hearing.
Applying yourself
You can apply yourself online or with a paper form at a Magistrates' Court.
Interim or temporary orders
An interim order is a temporary order that can be made before the respondent is told about the application. It lasts until the court makes another order.
Breach
Breaking the conditions of an order is serious: the police can charge the respondent with a criminal offence.

Sources: Magistrates' Court of Victoria(opens in a new tab); Magistrates' Court of Victoria(opens in a new tab)

Personal safety intervention order (PSIO)

Law: Personal Safety Intervention Orders Act 2010 (Vic) (opens in a new tab)

Applies to
People who are not family members, such as neighbours, co-workers or acquaintances.
Court
Magistrates' Court of Victoria
Who can apply
The affected person, someone else with the affected person's consent, or the police.
Police applications
Police can apply on your behalf if they are concerned about your safety.
Applying yourself
You can apply yourself; you need the respondent's name and address.
Interim or temporary orders
You can ask the court for an interim intervention order to protect you straight away while a final order is being considered.
Breach
It is a criminal offence not to follow the conditions of an order, and a finding of guilt can lead to a criminal record.

Sources: Magistrates' Court of Victoria(opens in a new tab); Magistrates' Court of Victoria(opens in a new tab)

New South Wales

Apprehended domestic violence order (ADVO)

Law: Crimes (Domestic and Personal Violence) Act 2007 (NSW) (opens in a new tab)

Applies to
People in a domestic or family relationship with the defendant.
Court
Local Court of New South Wales
Who can apply
The police, or the person needing protection. Police must apply for a person under 16.
Police applications
Police can apply for an AVO on your behalf if you speak to them about needing protection.
Applying yourself
If the police decide not to apply, you can make your own application through the Local Court.
Interim or temporary orders
The court considers whether to make an interim order while the case is adjourned. The defendant must obey it until the court decides the case.
Breach
An AVO is not a criminal conviction, but breaching one can lead to criminal charges.
Also note
An ADVO operates nationally, so the defendant must comply anywhere in Australia.

Sources: Local Court of New South Wales(opens in a new tab)

Apprehended personal violence order (APVO)

Law: Crimes (Domestic and Personal Violence) Act 2007 (NSW) (opens in a new tab)

Applies to
People who are not, and have never been, in a domestic relationship with the defendant.
Court
Local Court of New South Wales
Who can apply
The person needing protection, or the police. Police must apply for a person under 16.
Police applications
Police can apply on your behalf.
Applying yourself
You can make your own application through the Local Court.
Interim or temporary orders
The court considers whether to make an interim order while the case is adjourned. The defendant must obey it until the court decides the case.
Breach
An AVO is not a criminal conviction, but breaching one can lead to criminal charges.
Also note
A protected person can register an APVO in another state or territory to keep the protection there.

Sources: Local Court of New South Wales(opens in a new tab)

Queensland

Domestic violence order (protection order) (DVO)

Law: Domestic and Family Violence Protection Act 2012 (Qld) (opens in a new tab)

Applies to
People in a relevant relationship: an intimate personal relationship, a family relationship or an informal care relationship.
Court
Magistrates Court of Queensland
Who can apply
The aggrieved person, an authorised person acting for them, or the police.
Police applications
Police may apply for a domestic violence order for you even if you do not agree.
Applying yourself
The aggrieved person can apply to the Magistrates Court.
Interim or temporary orders
A temporary protection order can be made quickly to protect the aggrieved person until the application is decided.
Breach
Once an order is made, it is a criminal offence for the respondent to breach (disobey) it.
Also note
Most protection orders last five years, though the court can make a shorter or longer order.

Sources: Legal Aid Queensland(opens in a new tab); Queensland Courts(opens in a new tab); Queensland Courts(opens in a new tab); Queensland Legislation(opens in a new tab)

General information only

This page is general information, not legal advice. Time limits can be shorter in your situation, and the law changes, so get advice early about your own circumstances.

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