Introduction
Protection orders exist in every Australian state and territory, yet almost none of them share a name. In one state it's an AVO, in another a DVO, an FVIO, an IO, or an FVRO. That confusion lands on people at the worst possible moment. Family violence is widespread: about 1 in 6 women and 1 in 16 men have experienced violence from a current or former partner (Australian Institute of Health and Welfare, 2025), and police recorded 97,800 family and domestic violence offenders in 2024–25, up 8% on the year before (Australian Bureau of Statistics, 2025). This plain-English guide explains what the order is called where you live, how to apply, and how it's enforced.
If you are in immediate danger, call 000. For confidential support 24/7, contact 1800RESPECT on 1800 737 732. This guide is general information, not legal advice or a safety plan.
TL;DR: Every Australian state and territory issues domestic violence protection orders, but under different names, from Apprehended Domestic Violence Orders (NSW) to Family Violence Intervention Orders (VIC) to Domestic Violence Orders (QLD, NT). Since 25 November 2017, an order made in one state is automatically recognised and enforceable nationwide (Attorney-General's Department, 2026).
What Is a Domestic Violence Order?
A domestic violence order is a civil court order that limits how an abusive person can behave, in order to protect someone at risk of family violence (Attorney-General's Department, 2026). It is not a criminal charge. The order itself doesn't give the respondent a criminal record. But breaking it is a crime, and that's where the criminal law steps in.
Each order is tailored to the situation. Common conditions stop the respondent from approaching, contacting, or threatening the protected person, going near their home or workplace, or being violent toward them. A court can add conditions to protect children, pets, and other family members too.
Two groups can usually apply: the person at risk, and the police acting on their behalf. In urgent cases, police can issue an immediate short-term order on the spot, before a court hearing happens. Who applies and what the order is called both depend on which state or territory you're in.
What Is a Domestic Violence Order Called in Each State and Territory?
Australia has eight different names for what is essentially the same protection. The order's name and the Act that governs it change at every border, even though the purpose, restraining an abusive person to keep someone safe, stays constant. Here's the consolidated national reference that single-state pages rarely give you.
The name itself is a barrier. Someone who knows their sister has an "AVO" in Sydney can be left guessing whether the "DVO" their cousin mentions in Brisbane is the same thing. It is. A national view cuts through that.
Across eight jurisdictions, the same protection carries eight different labels and sits under eight different statutes. NSW and Queensland alone show how confusing this gets: an Apprehended Domestic Violence Order and a Domestic Violence Order do the same job under entirely separate Acts (state legislation, 2026).
How Do You Apply for a Domestic Violence Order?
You apply through your local or magistrates court, or police can apply for you, often after attending an incident (state court sources, 2026). In urgent situations police can issue an immediate police order or seek an interim order, giving protection within hours rather than waiting for a full hearing. You don't have to navigate this alone.
The general path looks the same everywhere, even though the forms differ. First, an application is lodged, by you or by police. Second, a court can make an interim (temporary) order straight away if there's an immediate risk. Third, a hearing date is set, where both sides can be heard. Fourth, the court makes a final order, usually lasting one to two years or longer, depending on the circumstances.
Free, confidential help exists at every step. Court support workers, community legal centres, and services like 1800RESPECT can guide you through the application and safety planning. For how the wider system fits together, see how family law works in Australia, or find a family lawyer in your area through our directory if you want tailored advice.
Do These Orders Work in Other States?
Yes. Under the National Domestic Violence Order Scheme, any order issued anywhere in Australia from 25 November 2017 is automatically recognised and enforceable in every state and territory (Attorney-General's Department, 2026). You do not need to re-apply or re-register when you move or travel. The protection follows you across the border.
This is one of the most misunderstood points in the whole system. Many people fleeing to another state assume their order stops at the border and that they must start again from scratch. They don't. A nationally recognised order is live the moment you arrive.
Orders made before 25 November 2017 can also be enforced nationally if a court "declares" them under the scheme. If you hold an older order and plan to move, ask the issuing court or local police about having it declared, so police in your new state can act on it immediately. National recognition is precisely the feature that makes leaving safer.
What Happens If Someone Breaches an Order?
Breaching a protection order is a criminal offence, and it's treated seriously. Under the model family violence laws, a first breach can attract penalties up to around $24,000 or 12 months' imprisonment, though maximums vary by state and escalate for repeat or aggravated breaches (Australian Law Reform Commission, 2026). The order is civil; breaking it is criminal.
Report any breach to police as soon as it's safe to do so. Keep a record of what happened, when, and any messages or witnesses. Police can charge the respondent, and courts can impose tougher penalties for repeated breaches. The scale of family violence in police data shows why enforcement matters.
Police recorded 97,800 family and domestic violence offenders in 2024–25, an 8% rise on the previous year, with about 78% of offenders male and a median age of 35 (Australian Bureau of Statistics, 2025). Because a breach is a criminal matter, see your rights under the criminal law for how charges and penalties work.
What's the Difference Between a DVO and a Restraining Order?
A domestic violence order specifically protects people in a domestic or family relationship, while a general restraining or personal violence order covers conflicts between people who aren't family, such as neighbours or strangers (state court sources, 2026). The relationship category decides which order applies.
That distinction matters because family violence orders often carry tailored conditions, around shared homes, children, and contact, that a general restraining order doesn't. If the person you need protection from is a partner, ex-partner, relative, or family member, the domestic or family violence order is almost always the right pathway. When in doubt, court staff or a lawyer can point you to the correct application.
How Do Orders Interact With Family Law Matters?
A protection order can run alongside parenting and property cases, and since the June 2025 reforms, the economic effect of family violence is an explicit factor courts weigh in property settlements (Federal Circuit and Family Court of Australia, 2025). The two systems are designed to work together, not in isolation.
This connects to parenting in a practical way. Where family violence is present, parties are usually exempt from the normal requirement to attempt family dispute resolution before court (Family Law Act 1975). For how violence now shapes financial outcomes, see family violence in property settlements, and for safety in parenting matters, our guide to parenting arrangements and safety. Because of the risk involved, these are usually cases that go to court rather than mediation.
Frequently Asked Questions
Is an AVO the same as a DVO?
Effectively yes. They serve the same purpose, protecting someone from family or domestic violence, but use different state names. NSW calls it an Apprehended Domestic Violence Order (ADVO), while Queensland and the Northern Territory call it a Domestic Violence Order (DVO). The protection is equivalent; only the label and governing Act differ (state legislation, 2026).
How long does a domestic violence order last?
It varies. Courts set the duration based on the risk, and final orders commonly run for one to two years, though they can be longer where ongoing danger exists. Interim orders last until the matter returns to court. You can also apply to extend, vary, or revoke an order as circumstances change over time.
Can I apply for an order myself without police?
Yes. You can apply directly through your local or magistrates court, and court staff or a support worker can help you complete the forms. Police can also apply on your behalf, and in urgent cases issue immediate protection. Free legal and support services, including 1800RESPECT on 1800 737 732, can guide you.
Does a domestic violence order give me a criminal record?
No. The order itself is civil, so being named as a respondent doesn't create a criminal record. What is criminal is breaching the order. If a respondent breaks a condition, police can charge them, and a breach can carry penalties up to around $24,000 or 12 months' imprisonment under the model laws (Australian Law Reform Commission, 2026).
Will my order protect me if I move interstate?
Yes. Under the National Domestic Violence Order Scheme, any order made from 25 November 2017 is automatically recognised and enforceable across every Australian state and territory (Attorney-General's Department, 2026). You don't re-apply when you move. Older orders can be enforced nationally too if a court declares them under the scheme.
Conclusion
The name on the paperwork changes at every state border, but the goal never does: keeping someone safe from family violence. Understanding what your order is called, how to get one, and that it follows you anywhere in the country removes one barrier at a time when you have enough to deal with.
Key Takeaways:
- Every state and territory issues protection orders, under eight different names and Acts
- The order is civil, but breaching it is a criminal offence with serious penalties
- You can apply through the court yourself, or police can apply on your behalf
- Interim orders give immediate protection before a full hearing
- Since 25 November 2017, orders are recognised and enforceable nationwide
- Protection orders run alongside parenting and property cases in family law
If you are in immediate danger, call 000. For confidential, 24/7 support, contact 1800RESPECT on 1800 737 732.
Related Family Law Guides
- How Does Family Law Work in Australia? A Complete 2026 Guide — Overview of divorce, property, and parenting
- Child Custody & Parental Responsibility in Australia — How courts decide parenting arrangements and safety
- Family Law Changes 2026: What's New and What It Means — Family violence in property settlements
- Mediation vs Court: Which Path for Your Family Dispute? — Why family violence cases go to court, not mediation
- Criminal Law in Australia: Your Rights Complete Guide — Why breaching an order is a criminal offence
Need legal help? Find a family lawyer in your area through our directory, and contact 1800RESPECT on 1800 737 732 for confidential support.