Disclaimer: This article provides general legal information relevant to Queensland, Australia. Different rules and terminology apply in other states and territories. If you’re outside Queensland, please seek advice specific to your jurisdiction.
What Are AVOs & DVOs?
In Australia, protection orders help safeguard people from violence, harassment and threatening behaviour, especially in domestic or family relationships. However, different states use different legal frameworks and terminology.
Two key terms are:
- AVO – Apprehended Violence Order (used in New South Wales)
- DVO – Domestic Violence Protection Order (used in Queensland, often shortened to DVO)
Although they serve a similar purpose—to protect individuals from harm—the laws and processes behind them vary by state.
What Is a Domestic Violence Protection Order (DVO) in Queensland?
In Queensland, the official term for legal protection against domestic violence is the Domestic Violence Protection Order, also commonly referred to as a DVO.
This type of court order is issued under the Domestic and Family Violence Protection Act 2012 (Qld)and is designed to protect individuals in a domestic relationship from further violence, emotional abuse, or harassment.
A Domestic Violence Protection Order (DVO) Can:
- Impose restrictions on the respondent’s behaviour
- Prohibit contact with the protected person
- Prevent the respondent from approaching the victim’s home, workplace, or children’s school
- Protect children and other family members
Who Can Apply for a Domestic Violence Protection Order (DVO)?
Applications can be made by:
- The person seeking protection (called the aggrieved)
- A police officer on the aggrieved’s behalf
- A legal guardian or authorised representative
The court must be satisfied that:
- There is or was a domestic or family relationship, and
- Domestic violence has occurred, and
- A protection order is necessary or desirable to prevent further violence
Breaching a Domestic Violence Protection Order Is a Criminal Offence
If a respondent breaches a DVO, it becomes a criminal offence in Queensland. This can lead to:
- Fines or imprisonment
- Criminal charges
- Serious legal consequences in family law proceedings, such as child custody or property settlements
The legal system treats these breaches with gravity, especially where there are children or repeat victims involved.
“In Queensland, if the parties do not have a domestic or family relationship, a Domestic Violence Protection Order (DVO) cannot be used.”
Instead, the appropriate legal pathway is usually a Peace and Good Behaviour Order (PGBO).
What is a Peace and Good Behaviour Order?
A Peace and Good Behaviour Order is a type of court order available under the Peace and Good Behaviour Act 1982 (Qld). It is designed to protect people from threats, harassment, or intimidation where there is no domestic relationship.
When is it used?
- Between neighbours
- Workplace disputes
- Former friends or acquaintances
- Strangers (stalking, threats, ongoing harassment)
To obtain a PGBO, you must show:
- The person has made a threat to assault or do bodily harm, or
- The person has threatened to damage your property, and
- You have a reasonable fear that they will follow through
You must also personally apply for the order through the Magistrates Court. Unlike DVOs, the police do not initiate these orders. However, they can assist in an emergency.
What Is an Apprehended Violence Order (AVO)?
In New South Wales, the equivalent to a DVO is an Apprehended Violence Order (AVO), governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
There are two main types:
- Apprehended Domestic Violence Orders (ADVOs) – for domestic relationships
- Apprehended Personal Violence Orders (APVOs) – for non-domestic disputes (neighbours, colleagues, people unknown to the applicant)
While the name differs, an AVO serves the same protective function, which is to prevent violence or intimidation and ensure the safety of the protected person.
Key Differences Between AVO and Domestic Violence Protection Order (DVO)
Here’s a comparison of how these orders differ between Queensland and New South Wales:
| Feature | DVO – Domestic Violence Protection Order (Qld) | AVO – Apprehended Violence Order (NSW) |
|---|---|---|
| Jurisdiction | Queensland | New South Wales |
| Type of relationships | Domestic/family relationships only | Domestic (ADVO) and non-domestic (APVO) |
| Applicable court | Magistrates Court | Local Court |
| Can protect children/family | Yes | Yes |
| Breach is a criminal offence | Yes | Yes |
| Duration | Typically up to two years (extendable) | Usually 12–24 months |
| Legal terminology | DVO, Protection Order | AVO, ADVO, APVO |
What Are These Orders Called in Other States?
Different states and territories across Australia use different names and laws for similar orders:
| State/Territory | Order Name |
|---|---|
| Queensland | Domestic Violence Protection Order (DVO) |
| New South Wales | Apprehended Violence Order (AVO/ADVO/APVO) |
| Victoria | Family Violence Intervention Order |
| South Australia | Intervention Order |
| Western Australia | Family Violence Restraining Order |
| Tasmania | Family Violence Order / Police Order |
| ACT | Family Violence Order |
| Northern Territory | Domestic Violence Order |
Despite the differences in terminology, all these orders aim to protect victims, prevent violence, and preserve the well-being of vulnerable individuals.
How to Apply for a Domestic Violence Protection Order
In Queensland, applications can be made through the Magistrates Court. If there is an urgent threat, a Temporary Protection Order (TPO) can be issued immediately, often by the police.
You’ll need to:
- Provide a sworn affidavit outlining incidents of violence or emotional abuse
- Show the court that you fear further harm
- Attend a hearing where the respondent can respond
If the court agrees there are sufficient grounds, it may issue a final order, often lasting up to two years or more.
Legal Consequences and Family Law Implications
A Domestic Violence Protection Order can directly impact:
- Child custody and parenting arrangements
- Family law property settlements
- Access to shared homes or vehicles
Courts may also order the respondent to attend anger management programs or counselling as part of the order.
Are State Issued Orders Valid In Other States & Territories In Australia?
Yes, state-issued domestic violence orders (DVOs) are valid in all other states and territories across Australia under the National Domestic Violence Order Scheme (NDVOS).
Here’s how it works:
- DVOs issued on or after 25 November 2017 are automatically recognised and enforceable nationwide.
- DVOs issued before that date can also be recognised across Australia, but they must first be declared nationally recognised by applying to any local court.
This means a person protected by a DVO in one state (e.g., New South Wales) is still protected if they move or travel to another state (e.g., Victoria or Queensland)—there is no need to register the order again.
Key Benefits:
- Automatic protection across borders
- Simplified enforcement for police and courts
- Greater safety and peace of mind for victim-survivors
For more information or to register an older DVO, you can contact your local court or visit the Attorney-General’s Department website.
National Domestic Violence Order Scheme (NDVOS)
The National Domestic Violence Order Scheme (NDVOS) is an Australian initiative that ensures domestic violence orders (DVOs) issued in any state or territory are automatically recognised and enforceable across the country. Introduced in November 2017, the scheme eliminates the need to register orders manually when a protected person moves or travels interstate.
Under the NDVOS, regardless of the specific name used locally, such as Intervention Orders or Apprehended Violence Orders, all protection orders are treated as DVOS nationally. This provides consistent, seamless legal protection and enforcement for victim-survivors of family and domestic violence, no matter where they are in Australia.
Need Help Applying for a Domestic Violence Protection Order?
If you’re in Queensland, you can start your application by contacting the police if the matter is urgent, or lodge an application through the Magistrates Court. If you need advice or representation, our experienced legal team can assist you with:
- Filing or responding to an application
- Preparing and submitting your evidence
- Attending court hearings
- Navigating the legal system with care and confidentiality
Your safety and wellbeing come first. Contact us today for confidential legal support.
