Domestic violence orders

Introduction

A domestic violence order (DVO) is a protection order made by the Local Court to protect you against domestic violence or threats of violence.

It can stop someone from doing all of the following:

  • contacting you
  • using violence against you
  • causing damage to your property, including injury or death to animals
  • threatening to use violence against you
  • stalking and harassing you
  • selling your property without your knowledge
  • pressuring you to give them money.

Rules of a domestic violence order

There are different types of domestic violence orders with different rules for the person the order is being sought against.

These include any of the following:

  • full non-contact
  • non violence
  • full non-contact while intoxicated.

DVO now enforced nationally

From 25 November 2017, a Domestic Violence Order (DVO) issued in the Northern Territory or in any other state or territory will be automatically recognised and enforced anywhere in Australia.

If you have applied for a DVO and travel or move to another state or territory, you do not need to get another order unless you want to change the current conditions of the order.

If a DVO has been issued against you, the conditions will apply in any other state or territory and you can be punished by a court if you breach an order.

If your DVO was issued before 25 November, you can apply to have it declared at any time through a local court so you are protected anywhere in Australia.

Find out more about the National Domestic Violence Order Scheme.

Contact

To find out how to make an existing DVO nationally recognised contact your local court by email:


Who can apply for a domestic violence order

You can apply for a domestic violence order (DVO) against another person if you are either:

  • in a domestic relationship with them
  • or adult acting on behalf of another adult or child who is in a domestic relationship with the person.

Other people who can apply for a domestic violence order against another person are:

  • police officers
  • and Family and Children's services officers.

Domestic relationship definition

A domestic relationship can be between any of the following:

  • married or de facto partners
  • relatives such as mothers, fathers, sisters, cousins and in-laws
  • relatives according to Aboriginal tradition
  • partners who are dating or are engaged to each other
  • people who live together, including housemates or former housemates
  • people who are in a carer’s relationship.

If you need protection from someone who is not in a domestic relationship with you can apply to the Local Court for a personal violence order.


How to apply for a domestic violence order

If you are in immediate danger of injury through violence, you should call the police on 000.

The police make an order without having to apply to the court.

If you are not in immediate danger, you can apply to the Local Court in writing.

It is free to apply for a domestic violence order.

You will need to explain to the court:

  • why you believe someone will commit domestic violence against you
  • and give examples of what they have said or done.

How to apply

To apply, follow these steps:

Step 1. Fill in the relevant application:

Step 2. Submit your application to the criminal registry at the Local Court.


Receiving a domestic violence order

You must obey the orders of the court if you receive a domestic violence order.

If you breach a domestic violence order, you may be arrested by police and have to go to court on criminal charges.


Going to court for a DVO application

The defendant is told of the application and summoned to appear in court.

Domestic violence order (DVO) applications are heard in the Local Court on Fridays.

While an application and the defence of a DVO application can be made in person, there are community legal services available to give advice on the court process.

The Local Court Judge will decide whether to issue a domestic violence order.


Personal violence order

A personal violence order (PVO) is a protection order made against someone you are not in a domestic relationship with.

You can apply for a personal violence order against any of the following people:

  • neighbours
  • work colleagues
  • personal and professional associations.

It can stop someone from:

  • contacting you
  • using violence against you
  • causing damage to your property, including injury or death to animals
  • threatening to use violence against you
  • stalking or harassing you.

How to apply

To apply, follow these steps:

Step 1. Fill in the personal violence order form DOCX (15.3 KB).

Step 2. Submit your form to the criminal registry at the Local Court.