Domestic violence law: key points
The term “domestic violence law Australia” usually refers to two connected areas:
- Protection orders (civil) - court orders restricting contact or behaviour to protect a person. Names vary by state (e.g., AVO/ADVO, DVO, FVIO, FVRO) but serve a similar purpose.
- Criminal offences - conduct such as assault, stalking, coercive control (in some states), threats, property damage or breach of an order may lead to criminal charges.
Courts can issue temporary (interim) orders quickly. Final orders typically run 6-24 months but can be longer. Orders can affect contact, residence, communications, firearms, and sometimes child handovers.
Safety first: If you are in immediate danger call 000. This page provides general information only and is not legal advice.
Orders and charges: how they work in Australia
Order names by state/territory
- NSW: AVO/ADVO (Apprehended Domestic Violence Order)
- VIC: FVIO (Family Violence Intervention Order)
- QLD/NT: DVO (Domestic Violence Order)
- WA: FVRO (Family Violence Restraining Order)
- SA: Intervention Order (Prevention of Abuse)
- TAS: FVO (Family Violence Order)
- ACT: Family Violence Order
Under the National Domestic Violence Order Scheme (NDVOS), most orders are enforceable nationwide.
Police order vs private application
- Police-applied orders: Common where risk is alleged. Police run the case and conditions can be strict from day one.
- Private applications: You can apply directly to the court. Useful where police won’t apply, or specific tailored conditions are needed.
- Undertakings: In some courts, parties agree to non-binding promises. These do not create criminal penalties if breached, but can resolve low-risk disputes.
Responding to an order
- Consent without admissions: Agree to an order to avoid a hearing while not admitting the allegations.
- Negotiate conditions: Tailor communications, distance, child-contact or property collection terms.
- Contest: Proceed to a hearing where both sides give evidence and the court decides.
Criminal charges that often arise
Common charges include assault, stalking, intimidation, property damage, threats, choking/strangulation, coercive control (where legislated), and breach of an order. Penalties depend on the offence and state; breach can carry up to 2-3 years’ imprisonment and/or fines, with higher penalties for repeat or aggravated conduct.
How to fight an AVO based on false or exaggerated allegations
If you have been served with an AVO, ADVO, DVO or intervention order and you say the allegations are untrue, you have three choices at the first mention. Each has a different cost later.
Your three options at the first mention
- Consent without admissions: The order is made and is enforceable, but you do not accept the allegations and nothing is proven against you. It is not a criminal conviction. It is not free either: a final order can affect a firearms licence, security and some other licensed work, a working with children check, visa matters and family law parenting disputes. Weigh it before agreeing just to make it go away.
- Ask for an adjournment: You can ask the court for time to get legal advice before you decide. This is the normal choice if you have been served recently and have not spoken to a lawyer.
- Contest it: Tell the court you oppose the order. The court sets a timetable for written statements and lists a hearing. The interim order usually stays in force until then.
What happens at a contested AVO hearing
- Standard of proof: This is a civil test, not a criminal one. The applicant has to show on the balance of probabilities that the protected person fears you and that the fear is reasonable, or that an order is otherwise needed. False claims are beaten on this standard, not with "beyond reasonable doubt".
- Who gives evidence: The protected person normally gives evidence and can be cross-examined. In domestic violence matters most states do not let a self-represented defendant question the protected person personally, so a lawyer or court-appointed person must do it. You give evidence too.
- Evidence that rebuts false allegations: Messages and call logs that contradict the statement, a timeline with dates, location or work records showing you were elsewhere, witnesses, and inconsistencies between the complaint, the police statement and what is said in court.
- Outcome: If the test is not met the application is dismissed. If it is met an order is made, usually with conditions and a period set by the court.
Can AVO charges be dropped or the order dismissed?
- Police applications: The decision to withdraw sits with the police prosecutor, not the protected person. The protected person saying they no longer want the order does not end it. A lawyer can make written representations asking police to withdraw where the evidence is weak or the relationship has changed.
- Private applications: The applicant can withdraw. If the application was frivolous or vexatious the court can order them to pay your costs.
- Dismissal: If the applicant does not attend or the court finds the test is not met, the application is dismissed. Any interim order ends at that point.
- Cross applications: You can apply for your own order against the other person, but a cross application filed in anger with thin evidence can backfire and leave both of you bound. Get advice before filing one.
Do not breach the interim order while you wait
The most common way a defendant with a good case ends up with a criminal record is breaching the interim order before the hearing. Breach is a criminal offence with imprisonment available, even if the protected person started the contact. No messages, no replies, no contact through family, friends or social media, and no turning up at a place the order excludes you from. If you need to collect property or arrange children, do it through a lawyer or as the order allows.
Contesting takes longer than consenting, often several months to a hearing. Lawyer costs for consent at the first mention versus a contested hearing are set out in the fee ranges below.
How to apply for an AVO yourself if police won't
You reported harassment, stalking or threats, police said it does not meet their threshold or is a civil matter, and you still feel unsafe. You can make your own application. This is called a private application, and it is open to you in every state and territory.
Private application vs police application
- You are the applicant: You file the application, present the case at court and give evidence. With a police application the prosecutor does that for you.
- Service: Police still serve the application and any interim order on the other person once the court issues it.
- Costs risk: If the court finds a private application was frivolous or vexatious it can order you to pay the other side's costs. A genuine application with some evidence does not carry that risk.
- Restraining order, AVO or intervention order? People search these words interchangeably. In NSW an ADVO covers a partner, ex, family member or someone you live with; an APVO covers a neighbour, co-worker, acquaintance or stranger. In Victoria the equivalents are a family violence intervention order and a personal safety intervention order. In Queensland a domestic violence protection order covers domestic relationships, with a separate peace and good behaviour order for others. Filing the wrong type wastes weeks.
Can I get an AVO without evidence?
You do not need police charges or a conviction. You do need something that shows the court why your fear is reasonable. What usually works:
- Screenshots of messages, emails and social media, with dates visible
- Call logs showing repeated or late-night contact
- A diary of incidents with dates, times and what was said or done
- Photos of damage or injuries, CCTV or doorbell footage
- Witnesses who saw or heard incidents, even briefly
- Prior police event numbers, even where police took no action
- Medical or counselling notes if relevant
Steps in a private application
- File: Lodge the application at your Local or Magistrates Court registry. Some states allow online lodgement. The registrar may ask about the incidents and check that the right order type is being sought.
- Interim order: You can ask the court to make an interim order on the first day, before the other person has been heard, if you are at risk now. If you are in immediate danger call 000, as police can apply for a provisional order on the spot even if they earlier declined a full application.
- Service and first mention: Police serve the other person. At the first mention they can consent without admissions, ask for an adjournment or contest.
- Hearing: If contested, the court sets dates for written statements and a hearing where both sides give evidence and can be cross-examined.
Run it yourself or get a lawyer?
- Self-represented is often fine when: the other person is likely to consent, the evidence is simple and written, and there are no children or family law issues in play.
- Get a lawyer when: the other person has a lawyer, a cross application against you is likely, family law or parenting proceedings are on foot, the evidence is mostly your word against theirs, or you fear being cross-examined by the other side.
- Help with cost: Legal Aid may assist applicants depending on means and merit, and women's and community legal services help with protection order applications in most states. Private lawyers can quote a fixed fee for an application and mention.
Evidence and documents that matter
Clear records often decide whether an order is made, varied, or withdrawn, and influence charge outcomes. Gather and keep these in one place:
- Court application, provisional/interim/final order paperwork
- Police event numbers, charge sheets, facts/statement of material
- Messages, emails, call logs, social media posts
- Photos/videos, doorbell/CCTV footage (time and date stamped)
- Medical notes, hospital discharge summaries, counselling notes (if relevant)
- Witness names and short summaries of what they saw/heard
- Existing parenting orders or family law documents
Do not delete or alter potential evidence. If safety allows, keep a duplicate copy securely.
Process and typical timelines
| Stage | What usually happens |
|---|---|
| Immediate safety | Court can make a temporary order quickly. Police can issue short-term directions in some states. Prioritise safe accommodation and communication channels. |
| First mention | Attendance is required unless excused. Options include consent (with or without admissions), negotiation about conditions, or asking for an interim hearing. |
| Interim hearing | Short, urgent hearing on risk. Affidavits or short evidence may be used. Interim orders can continue until the final hearing. |
| Final hearing | Contested evidence. The court decides if the legal test for an order is met and what conditions are appropriate. |
| Criminal pathway | If charges exist, they run in parallel. Early legal work (brief of evidence review, negotiations, pleas or defence) affects risk and outcome. |
| Variation/revocation | Orders can be varied or revoked on application if circumstances change and safety is maintained. |
What happens if you don't go to court for an AVO
Short answer: the case goes ahead without you. If you were served and do not attend, the court can make a final order in your absence, and it is enforceable against you as soon as it is served. Ignoring the date is worse than any of the options you had at the mention, including consenting without admissions.
By state
- NSW: If the defendant has been served and does not appear, the court can make a final AVO in their absence. If no period is specified the order commonly runs for two years. It takes effect once served on you.
- Victoria: A respondent to an intervention order who does not turn up can have a warrant issued, be arrested and be held in custody until the next hearing. A final order can also be made in their absence.
- Other states and territories: The same pattern applies. A served respondent who does not appear can have a final protection order made against them and, where the court chooses, a warrant issued.
- If you are also charged: Where a related criminal charge such as assault, stalking or breach is listed with the order, a warrant for your arrest is the normal result of not appearing.
If you have already missed the date
- Find out what was made: Contact the court registry where the matter was listed, or check the court's online daily lists and outcomes. Ask whether a final order was made, for how long, and whether a warrant was issued.
- Apply to annul or reopen: If a final order was made in your absence you can apply to have it set aside and the matter reheard. Names differ by state (annulment, rehearing, variation or revocation) but the court looks for a good reason: you were never served or served at a wrong address, you were ill or in hospital, or a genuine mix up about the date or courthouse. There are time limits, so do this straight away.
- Warrant issued: Arrange through a lawyer to surrender at court rather than waiting to be picked up. Attending voluntarily helps with bail and with how the court sees you.
- Until then, comply: The order is in force whether or not you agree with it. Any contact is a breach.
If the date is coming and you cannot attend
- Ask for an adjournment in advance: Write to the registry before the date with the reason and any evidence (medical certificate, travel, work roster). Do not assume it is granted until you hear back.
- Have a lawyer appear for you: For a mention a lawyer can usually appear on your behalf, seek an adjournment, or consent without admissions on your instructions so nothing is made in your absence.
- Interstate or overseas: Some courts allow appearance by phone or video if arranged beforehand. Ask the registry early.
Why a final order made without you matters
A final order made in your absence carries the same consequences as one you consented to or lost at hearing: your firearms licence is cancelled and you are disqualified from holding one for years, it can be considered on a working with children check and in some licensed occupations, it is taken into account in family law parenting matters, and breaching it is a criminal offence with imprisonment available. A lawyer handling a missed date will confirm what was made, lodge the annulment or rehearing application with supporting evidence, deal with any warrant, and get you back before the court with a plan for the mention. If the date is today or tomorrow, see urgent criminal law advice or after hours criminal law advice.
Domestic violence lawyers near you and costs
Finding the right help
- Local representation: We connect you with domestic violence lawyers across Australia for in-person or phone court mentions.
- Legal Aid vs private: Legal Aid is means/merits tested and varies by state. Private lawyers can offer fixed-fee stages.
- Urgent matters: Same-day advice is often possible for interim hearings or bail.
Typical private-fee ranges
- Initial advice / first mention: $220-$550
- Negotiation / undertakings / withdrawal attempts: $900-$2,500
- Interim hearing (prep + appearance): $1,800-$4,500
- Contested final hearing: $2,500-$8,500+
Prices vary by state, urgency, evidence volume and court time. Ask for a written fixed-fee quote where possible.
Domestic violence law FAQ
What is the legal test for a protection order?
While wording differs by state, courts generally ask whether family or domestic violence has occurred or there is a reasonable fear it will occur, and whether an order is necessary or appropriate to protect the person.
How long do orders last?
Final orders commonly run 6-24 months and can be extended. Interim orders can remain until the case is finalised.
Can an order make someone leave the home?
Yes. Exclusion or ouster conditions are possible where safety requires it. Urgent advice is important due to housing and parenting impacts.
Can we communicate about children if an order is made?
Courts can allow limited, safe communication (e.g., via apps) or set handover conditions. Family law orders may also shape what is allowed. Avoid any contact unless the order clearly permits it.
What if both people want contact again?
Contact must not resume unless the order is varied or revoked by the court. A protected person’s consent alone does not authorise contact if an order prohibits it.
Do you have to attend court for an AVO?
Yes. Once an application is made the matter goes before the court so both sides can be heard. If you are the defendant and do not attend, a final order can be made in your absence and in some states a warrant can issue. A lawyer can appear for you at a mention and ask for an adjournment or consent without admissions on your instructions. See the missed court date section above.
Does the victim have to appear in court for an AVO?
At a mention, usually not if police are the applicant, because the prosecutor runs the matter. At a contested hearing the protected person normally gives evidence and can be cross-examined, with some courts allowing remote or screened evidence. In a private application the applicant must attend every date or the application can be dismissed.
Can AVO charges be dropped?
An AVO application is civil, not a charge, but any related criminal charge and a police AVO are both controlled by the police prosecutor, not the protected person. A lawyer can make representations seeking withdrawal. A private applicant can withdraw their own application. Breach charges are separate criminal matters and are not dropped just because the order is later revoked.
Can I get an AVO without evidence?
You do not need charges or a conviction, but you need enough for the court to find your fear is reasonable. Messages, call logs, an incident diary, photos, witnesses and earlier police reports all count. Your own sworn evidence is evidence too, though it is stronger with something to back it.
Get domestic violence law help
Whether you have been served with an AVO you say is false, you missed your court date, or police will not apply for an order and you need to make your own application, tell us the state, the next court date and whether police are involved. A lawyer who works in that court can advise on consent versus contest, lodge an annulment or private application, and appear for you at the mention.
Tell us what's happening. We'll match you with a lawyer who can help and email you their introduction. Reply to it and they'll be in touch. Free, no obligation.