What is a domestic violence order?
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What is a domestic violence order?
A domestic violence order is a legal order issued by a court to protect someone from abuse by a current or former family or household member. This guide explains what domestic violence orders are, how they work in Australia, and what you should know if you're considering applying for one or if one has been made against you.
What a domestic violence order means in Australia
A domestic violence order is a legal order issued by a court to protect someone from family violence or abuse. Also known as an intervention order or protection order depending on your state, these orders are designed to prevent contact, harassment, or further harm between family members or people in close relationships.
When a domestic violence order is made, it sets out specific conditions that the other person must follow. These might include requirements to stay away from your home or workplace, not contact you by phone or social media, not approach within a certain distance, or surrender weapons. The conditions are tailored to your situation and what the court believes is necessary to keep you safe.
These orders exist because family violence is taken seriously under Australian law. A family violence order recognises that people in domestic relationships can be vulnerable and need legal protection. The court can make an order even if the other person hasn't been charged with a crime, and even if you haven't been physically hurt. The aim is to prevent harm before it escalates.
Orders can be temporary (called interim orders) while your case is being prepared, or final orders that last for a set period. They can be made in various state and territory courts, depending on where you live.
Key points
An intervention order protects you from family violence or abuse within a domestic relationship
A protection order sets conditions the other person must follow
Orders can include requirements to stay away, not contact you, or avoid certain locations
Courts can make orders even without a criminal conviction
Orders aim to prevent harm and keep you safe
Common situations
You may need to consider seeking a domestic violence order if you're experiencing:
Physical violence, threats, or intimidation from a partner or ex-partner
Ongoing harassment, unwanted contact, or stalking by someone you live with or have lived with
Controlling behaviour that makes you feel unsafe at home, work, or in your community
Abuse that affects your children or other family members
A situation where you need clear legal boundaries and protection
Situations involving current or former intimate relationships where safety is a concern
Circumstances where a court application feels necessary because informal attempts to stop the behaviour haven't worked
When a breach of protection order occurs, it means the other person has not followed the court's conditions. This can have serious consequences, including criminal charges, fines, or imprisonment. That's why having a clear, enforceable order matters. Without one, you may have fewer legal options if the harmful behaviour continues.
What to consider
Do you feel safe making an application, or do you need support from a domestic violence service?
What specific conditions would help you feel safer?
Are there children involved, and how might a court application affect parenting orders?
Do you have evidence of the behaviour (messages, photos, witness statements, incident records)?
What's your timeframe? You may be able to get an interim order quickly if you're in immediate danger
Could you benefit from free legal advice before deciding to apply?
Are there other protective measures (like changing locks or contacting police) you should explore first?
What you can do next and how LawConnect can help
If you're considering protection from family violence, you may wish to:
Contact a domestic violence support service in your state to discuss your safety and options
Document incidents of violence or abuse (dates, times, what happened, any injuries or witnesses)
Gather evidence like text messages, emails, or photos that show the behaviour
Find out where to make a court application in your area (contact your local courthouse or legal aid service)
Understand the specific requirements in your state, as some states use different terminology and processes
Explore whether legal assistance is available to you through legal aid or community legal centres
Consider speaking with a family law specialist about how an order might interact with other matters like parenting orders or property disputes
How LawConnect can help
LawConnect provides personalised legal information through our AI legal assistant. Understanding your options when facing domestic violence can feel overwhelming, which is why many people benefit from clear, general information about what orders are, how they work, and what the process involves.
You can start by clicking one of the questions above and receive guidance tailored to your situation. Our AI assistant can help you understand the general legal framework, what to expect, and what steps you might take next.
If your circumstances are complex or you need tailored legal advice specific to your situation, we can connect you with licensed family lawyers who specialise in domestic violence matters. Only a licensed lawyer can provide legal advice about your individual circumstances and represent you in court.
Taking action to protect yourself is important. Whether you start with general information through LawConnect's AI assistant or move straight to speaking with a lawyer, getting clarity on your options is a positive first step.
Not sure what to ask?
Try one of these. Get answers tailored to your situation.
Domestic Violence Order FAQs
A domestic violence order is a legal document issued by a court to protect someone from abusive behaviour by a family member or intimate partner. It sets out conditions the respondent must follow, such as not contacting or approaching the protected person. Orders may also include conditions about living arrangements, access to children, or weapons. Breach of an order can result in serious legal consequences.
Anyone experiencing domestic violence may apply for a protection order, including current or former intimate partners, family members, and household members. In some circumstances, a parent or guardian can apply on behalf of a child. Police, community workers, or other organisations may also apply in certain situations. The specific eligibility may depend on your circumstances and location within Australia.
A protection order generally covers a range of abusive behaviours, including physical violence, threats, harassment, stalking, and property damage. Orders typically prohibit the respondent from contacting, following, or coming near the protected person at home, work, or other locations. The specific conditions depend on the circumstances and what the court considers necessary to keep you safe. Orders can last for various periods, often one to five years.