If your children, relatives, or associates have been exposed to or affected by domestic and family violence, you can ask the court to add them onto your DVO. The conditions the court makes to protect you will also protect them.
The Family Court of Australia deals with living, financial and social arrangements for the parenting of children. Contact the Family Court if you want an order about parenting arrangements.
Standard condition
Every DVO includes standard conditions that the respondent must be of good behaviour towards the aggrieved, must not commit domestic violence against the aggrieved and must not organise, encourage, ask, tell, force or encourage another person to do something that if done by the respondent, would be domestic violence against the aggrieved.
Named people can include children, relatives, or friends who may also be at risk of violence. Every DVO also includes these conditions for behaviour towards any named persons (adult or child) on the DVO.
Extra conditions
The court can add extra conditions to a DVO to provide more protection for the aggrieved and others. Common examples include:
- stopping the respondent from approaching the aggrieved at home, work, or other places
- requiring the respondent to leave and stay away from a shared home, even if it’s in their name
- preventing the respondent from contacting or approaching relatives or friends named in the order
- banning the respondent from going to a child’s school or daycare centre.
How to request conditions
The aggrieved can ask for specific extra conditions when they apply for a DVO.
If their situation changes later, they apply to change (vary) the conditions.
Weapons restrictions
If a DVO is issued against someone with a weapons licence, the licence will be suspended or cancelled. Under the Weapons Act 1990, anyone who has been subject to a DVO cannot apply for a weapons licence for 5 years from the date the order was made.
This restriction is automatic and applies even if it’s not listed as an extra condition.
Applying for a DVO
The application process for a full protection order can take several weeks.
If you’re in immediate danger, you can apply for a temporary protection order.
You can apply yourself or a police officer, lawyer, friend, or family member can apply for you.
Read more about applying for a domestic violence order.
After a DVO is issued
Once a DVO is issued, the aggrieved, the respondent, and any adults named on the order will receive a copy.
Keep your copy in a safe place, as you may need to show it to police if they’re called to respond to domestic violence. Police also have a copy of your Domestic Violence Order in their system and can refer to it when you contact them.
A DVO doesn’t automatically stop the aggrieved from living with or being in a relationship with the respondent—unless specific conditions are included to restrict contact.
While some couples may choose to stay together, safety should always come first.
Making changes to a DVO
If your situation changes, you can apply to change (vary) a DVO.
For example, you may want to add or remove conditions or named people, or extend or reduce the time the order is in force.
Read more about making changes to a DVO.
Breaches of an order
Breaking a condition of a DVO is a criminal offence.
If the respondent breaches the order, the aggrieved should call the police immediately on 000.
Police must investigate and can charge the respondent with breaching the order.
If found guilty, the respondent could face up to three years in jail for a first breach, and up to five years for another breach within five years.
DVOs and other orders
A DVO can be issued even if there are existing family court orders or other legal orders in place.
The judicial officer will review any current family law orders before deciding whether to issue a DVO.
If you apply for a DVO or have one made against you, it’s important to tell the judicial officer about any family law orders or ongoing family court proceedings.
What DVOs are called in other states
DVOs are known by different names in other states and territories.
For example, they’re called apprehended domestic violence orders (ADVOs) in New South Wales, family violence intervention orders (FVIOs) in Victoria, and restraining orders in Western Australia.
Since 25 November 2017, all domestic violence orders made in any Australian state or territory are automatically recognised and enforceable nationwide, including in Queensland.
