Understanding DVOs in Australia: Definition & Types

Domestic violence affects men, women, children, and wider family members in a terribly damaging way.

Around one in three women experience physical violence in a relationship after the age of 15. On average, one woman a week is murdered by her current or former partner.

About one in 16 men also experience violence from their partner in a relationship.

Domestic violence is generally understood as harmful or violent abuse of physical, sexual, emotional, verbal, and even financial nature by a family member or parties to a close relationship.

Recent statistics suggest the Covid pandemic has helped exacerbate levels of domestic violence in Australia, as confinement close to home combined with the pressures of job loss and other financial constraints have created a fertile environment for abusive behavior.

A domestic violence order is one means by which the police and the law try to deal with incidences of domestic violence in Australia. A domestic violence order (or DVO, as it is known in Queensland) is designed to provide protection to the person alleging they have been abused by restricting the ways in which the abuser – or respondent – can contact the aggrieved person.

This type of order is known by different names in Australia’s states and territories.

• In Queensland this protective order is known as a Domestic Violence Order;
• in NSW it is referred to as an Apprehended Violence Order (AVO);
• in Victoria, a protective order is a Family Violence Intervention Order (FVIO);
• in South Australia, it is an Intervention Order (IO);
• in Western Australia, it is known as a Violence Restraining Order (VRO);
• In Tasmania, it is a Family Violence Order (FVO) or Police Family Violence Order (PVFO);
• in the ACT, it is a Domestic Violence Protection Order (DVO);
• In the Northern Territory, it is known as a Domestic Violence Protection Order (DVO).

Meet Our Family Law Experts

At Mediations Australia, we have over two decades of dedicated experience in family law and domestic violence matters, leading the way in DVOs and family protection. As Accredited Family Law Specialists and active members of the Law Society’s Family Law Committee, we have helped thousands of clients navigate domestic violence protection orders across Australia.

Professional Accreditations:

• Family Dispute Resolution Practitioner (FDRP) Accreditation.
• Nationally Accredited Mediators (NMAS)
• AIFLAM (Australian Institute of Family Law Arbitrators and Mediators)
• Resolution Institute Accredited Mediators.
• Accredited Family Law Specialists (Law Society)
• Independent Children’s Lawyer Panel Members
• Members of the Family Law Section (Law Council of Australia)

Our team regularly provides expert commentary on family law matters and has been recognized for work in domestic violence advocacy. We combine deep legal expertise with a compassionate understanding of the challenges faced by families in crisis.

The difference at Mediations Australia is our early resolution focus – we understand both the legal requirements and emotional challenges involved in family law matters, offering practical solutions while protecting your rights. Our team of specialists brings together extensive experience in both family law practice and mediation, ensuring you receive comprehensive support throughout your journey.

How to Apply for a DVO: Your Step by Step Guide

“What’s involved in getting a DVO?” As a family lawyer, I’ll walk you through each step of the process to ensure you understand exactly what’s needed.

Step 1: Starting Your DVO Application

What You Need to Understand before getting started is often the hardest part. Here’s what you’ll need to do:

• Visit your local police station or courthouse (you can choose either)
• Fill out the DVO application form (we can help guide you through this)
• Document every incident in detail – dates, times, and specific events matter

EXPERT TIP : Keep all evidence, including text messages, emails, or photos. Even small details can make a significant difference to your application.

Step 2: Making Your Application Official Once your form is complete, you’ll need to:

• Have your application signed by a Justice of the Peace (JP) or Commissioner for Declarations
• Submit your paperwork to your local Magistrates Court
• Allow police to serve papers to the other party

IMPORTANT NOTE: Don’t worry about facing the other party – the police handle the notification process to ensure your safety.

Step 3: Understanding the Court Process Here’s what happens next:

• The court sets a ‘mention’ date (your first court appearance)
• You may receive a temporary protection order for immediate safety
• The court will work toward a final order (usually valid for 5 years)

If you are feeling unsafe, tell the court immediately. Temporary orders can be made quickly to protect you while your full application is processed.

DVO Protection & Conditions Explained

Filling out the relevant form

When a person wishes to take out a DVO against another person, they will generally visit a police station and be asked to fill out a form. This form can also be completed online or from a magistrates court.

• The form needs to include details of when, where, and what type of domestic violence occurred (physical, verbal, etc). It’s important to be as specific as possible about the details of the alleged abuse – accuracy in reporting dates, times and the sequence of events helps those who approve the DVO come to a conclusion about its necessity.
• Additional information can be attached to the form if it does not provide enough space to include all the necessary detail.
• Supporting evidence such as text messages between the parties which demonstrate the abusive behaviour alleged may also be included with the application.
• Police can also make a DVO application on behalf of a person in need of a protective order.

Ensuring the Form Meets Necessary Formalities

The last page of the DVO application form will include a statutory declaration which must be signed and witnessed in front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec).

• The application must then be filed at the nearest Magistrates Court in person or by post.
• Police will generally provide the respondent with a copy of the DVO application once it has been signed and witnessed.

What Happens After Filing a DVO? Understanding Court Mentions and Protection Orders

The court will set a date for a ‘mention’ of the DVO applied for.

Depending on whether there is a real risk of family domestic violence, both the aggrieved and the respondent can attend court for the mention and agree to the conditions of the DVO.

In this situation, the court can then make the order by ‘consent without admission’, meaning that the person the order seeks to restrict agrees to its conditions but makes no admission that the alleged incident or incidents of domestic violence took place.

Despite the lack of admission, if the person subsequently breaches the conditions of the order, it is a criminal offense.

In many other situations, a respondent will not agree to the imposition of a CVO. In these cases, the court can make a temporary protection order (also known in other states as an interim order) that will stay in place until a final hearing at which both parties can make their case for why the DVO should be granted or denied.

A magistrate can make a temporary protection order even when the respondent – the person who will need to comply with its conditions – does not know that the other party has applied for a DVO. To do so, the magistrate must be satisfied there has been an act of domestic violence and there is a relevant relationship between the aggrieved person and the respondent.

Final Protection Orders

In Queensland, a final protection order generally lasts for five years and will be made if the respondent agrees to the order being made; if the respondent doesn’t turn up or participate in the court process after being served; or after a contested hearing in a court. The length of the protective order varies in other states and territories.

If a person is convicted of a domestic violence offense after charges are brought by police, a magistrate may make a DVO against the person even if no application has been made by the victim of the violence.

To do so the court must be satisfied the people involved had a relationship covered by the law, that an act of domestic violence has occurred, and that a DVO is necessary or desirable to protect the aggrieved.

Sometimes a DVO may already be in place when the new offense occurred, in which case the magistrate may change the existing order by including extra conditions or by changing the length of the order to protect the other party.

DVOs and Children: What You Need to Know

When a person is named in a protection order such as a DVO, AVO, or FVIO, a given condition is that they must maintain good behaviour and not commit further acts of domestic violence against the protected person, their children or any other people named within the order.

The automatic conditions vary from state to state, though are similar. In NSW, for instance, an AVO will always include the following three prohibitions on the respondent:

• Assaulting or threatening the protected person;
• stalking, harassing, or intimidating the protected person;
• intentionally or recklessly destroying or damaging any property that belongs to, or is with, the protected person.

A range of other conditions can be included on a protection order, at the request of the person who has been abused or feels threatened. These can include:

• Preventing the person who is the subject of the order from going to where the other person or persons live or work, or within a certain distance of those places;
• preventing the person from living with the aggrieved;
• preventing the person from locating the other person by contacting family, friends or a place where they are staying, such as a hostel or shelter;
• giving the aggrieved access to a house lived in by the respondent so that they can access their belongings (sometimes called a ‘property recovery order’);
• preventing the person from behaving in certain ways in relation to children;
• preventing the person from attending places children also attend, such as school or kindy;
• preventing the person from contact with the aggrieved person or others named in the order – this means the respondent cannot make contact by phone call, text message, letter, or visit.

Other conditions can also be part of the order.

The parties may need exceptions included to allow them to attend mediation or family dispute resolution in relation to raising children or other matters.

Despite incidents of domestic violence, a person applying for a protective order may still want children to spend time and maintain a relationship with the other parent.

The conditions of protective orders can also be varied by application to the court if circumstances change between the parties.

Frequently Asked Questions About DVOs

What’s the difference between an AVO and DVO? 

While both orders provide protection, they have distinct differences:

DVO (Domestic Violence Order):

• Specifically for family/domestic relationships
• Covers intimate partners, family members
• Used in QLD, NT, and ACT
• Focuses on domestic violence protection

AVO (Apprehended Violence Order – NSW):

• Can include non-domestic relationships
• Covers broader range of relationships
• NSW-specific terminology
• Used for both domestic and personal violence

EXPERT TIP: Despite different names, these orders provide similar protections. Your location determines which order applies to your situation.

How does a DVO work in Australia?

A Domestic Violence Order (DVO) is a legally binding court order designed to protect people from family violence. Based on my experience as a family lawyer, here’s how DVOs operate in practice:

At its core, a DVO creates legally enforceable boundaries. When the court issues an order, it specifies restrictions that must be followed – typically preventing the respondent from approaching or contacting the protected person. Any breach of these conditions is a criminal offense, allowing immediate police action.

Most DVOs remain in force for 5 years, though courts may adjust this based on circumstances. For example, in a recent Melbourne Registry case, we secured a longer protection period due to ongoing safety concerns.

The order typically includes:

• Strict contact restrictions with the protected person
• Clear distance requirements from home/work
• Specific rules about property and belongings
• Guidelines for child arrangements where relevant
• Communication boundaries, including digital contact

Importantly, police can enforce these conditions immediately. If someone breaches their DVO – whether by making contact or coming too close to restricted locations – officers can arrest them without requiring a warrant.

What is classed as domestic abuse?

As a family lawyer specializing in domestic violence cases, I’ve seen domestic abuse manifest in many forms. Under Australian law, domestic abuse extends far beyond physical violence, encompassing a range of harmful behaviors that create patterns of control and fear.

I regularly see eight main categories of abuse:

Physical and Sexual Abuse Beyond obvious violence, this includes threatening gestures, destroying property, and forcing intimate contact. Recently, I assisted a client whose partner’s “accidental” pushing and “playful” hitting were recognized by the court as deliberate patterns of physical abuse.

Emotional and Psychological Control This often starts subtly. Common examples include constant criticism, gaslighting, and using children as emotional leverage. Many clients don’t initially recognize these behaviors as abuse until we examine the pattern of control.

Financial and Economic Abuse From my experience handling DVOs, financial abuse frequently involves:

• Controlling access to bank accounts
• Forcing someone to take on debt
• Preventing access to employment
• Demanding detailed spending accounts

Technology and Social Control Modern abuse increasingly involves digital elements:

• Tracking through phone apps
• Monitoring social media
• Controlling online access
• Harassing through multiple platforms

Important Recognition: Courts now better understand these various forms of abuse. For example, in a recent case, we successfully obtained protection orders based primarily on evidence of coercive control and financial abuse, showing how judicial understanding has evolved.

How many years can you get for domestic violence in Australia?

I regularly advise clients about the serious legal consequences of domestic violence offenses. The penalties have become increasingly stringent, reflecting our courts’ firm stance against family violence.

From my recent experience in the Sydney courts, sentences typically follow this framework:

For basic assault charges, courts generally impose sentences up to 2 years, though I’ve seen this increase to 5 years for aggravated cases. Just last month, I represented a client in a matter where what began as a basic assault charge was elevated to aggravated assault due to a child witnessing the incident, resulting in a significantly heavier sentence.

The most serious cases involving grievous bodily harm can attract sentences up to 14 years imprisonment. In a recent Queensland case, the court imposed a 12-year sentence where significant physical injuries were involved, setting a strong precedent for similar cases.

Breaching DVOs carries distinct penalties:

• First offense: Up to 3 years imprisonment
• Subsequent breaches: Maximum 5 years
• Additional penalties often apply for concurrent offenses

Critical Factors Affecting Sentencing Drawing from my courtroom experience, judges particularly consider:

• Presence of children during incidents
• Use of weapons
• Prior domestic violence history
• Level of premeditation
• Impact on the victim

Recent Legal Developments: Courts are increasingly treating repeat offenders more severely, especially when breaches involve multiple protection order violations.

What happens if a Protective Order is Breached?

Protective orders such as DVOs and AVOs are court orders. Doing something not permitted under the conditions of the order is a criminal offense, punishable by large fines and/or terms of imprisonment.

• A person whose actions are restricted by a protective order does not gain a criminal record by the making of the order.
• Once a protective order is made, the protected person should keep a copy of it with them and provide a copy of it to a child’s kindy or school.
• Police should be called if the protected person observes the other person breaching any of the conditions listed in the order, and keep an accurate record of any texts, calls, or the like made by the person who is the subject of the order.

How do Parenting Orders Work with Protective Orders?

In family law, one of the most complex situations I deal with regularly is balancing protective orders with parenting arrangements. While DVOs provide crucial protection, they don’t automatically prevent parent-child contact.

Managing Existing Parenting Orders 

In my experience handling these matters across Queensland courts, existing parenting orders typically maintain priority. However, the court carefully weighs both orders to ensure child safety. Recently, I helped a client modify her parenting arrangements after obtaining a DVO – we maintained contact through supervised visits while ensuring compliance with the protective order.

When Safety is a Concern

The level of risk shapes how contact continues. For instance, last month I represented a mother where serious safety concerns existed. The court implemented:

• Professional supervision at a contact center
• Structured handovers with third-party assistance
• Clear documentation of all interactions
• Regular safety assessments

Lower-Risk Scenarios

Not all DVOs require dramatic changes. In a recent Melbourne Registry case, we maintained regular contact by:

• Using school as a neutral handover point
• Implementing a detailed communication plan
• Maintaining existing routines where safe
• Regular reviews of arrangements

Critical Considerations for New Orders

Drawing from my courtroom experience, success depends on:

• Full disclosure of all orders to both courts
• Clear documentation of safety measures
• Regular assessment of arrangements
• Flexibility to modify as circumstances change

Mediations Australia can assist people in this difficult situation. Mediation and other forms of dispute resolution such as conciliation can be useful means for parents to work out arrangements for children to have contact with both parents, particularly where one parent’s contact is restricted by a protective order.

What Should You Do Now?

At Mediations Australia, we have a team of family lawyers and mediators who can assist you in Sydney, Canberra, Perth, Adelaide, Melbourne, and all other locations in Australia. We also do international family law matters.

Also, advice from expert Sydney criminal lawyers can be essential when applying for protective orders, particularly where there are also parenting orders in place or parenting orders being applied for.