Restraining Order vs DVO
When looking at restraining order vs DVO in Australia, the main difference lies in the terminology and the laws of each state or territory.
A restraining order and an Domestic Violence Order (DVO) both aim to protect you from harassment, threats, or violence by placing legal restrictions on another person’s behaviour. The name used depends on where you live and the type of circumstances involved.
Key takeaway: Both restraining orders and AVOs serve the same purpose—protecting you from harm or harassment—though the name and process vary across Australia.
What Is a Restraining Order?
A restraining order is a court order that prevents a person from contacting, approaching, or harassing you. These orders are often used in cases involving family violence, stalking, or threats. In states such as Western Australia, the term “restraining order” is used instead of DVO.
A restraining order can limit behaviours such as visiting your home, workplace, or contacting you through calls or social media. Breaching the order is a criminal offence.
Key takeaway: A restraining order is a court order that legally restricts another person’s behaviour to keep you safe.
How Do Restraining Orders and DVOs Differ Across States?
Each state and territory in Australia uses different terms for similar protective orders:
- NSW: Apprehended Violence Orders (AVOs)
- VIC: Intervention Orders (IVOs)
- QLD: Domestic Violence Orders (DVOs)
- WA: Restraining Orders
- SA & TAS: Restraining or Family Violence Orders
- ACT & NT: Domestic Violence or Personal Protection Orders
While the names vary, the purpose remains the same: to protect you from violence, threats, or harassment by setting legal boundaries on another person’s behaviour.
Key takeaway: The order’s name depends on the state or territory, but they all serve the same protective function.
How Do You Apply for an Order?
You can apply for a restraining order or DVO through your local court. In many cases, the police may use on your behalf, especially in urgent situations involving family violence.
When you apply, the court considers whether you genuinely fear for your safety and whether the order is necessary to protect you. Interim (temporary) orders can be made quickly while the court reviews your case in more detail.
Key takeaway: You can apply directly or through the police, and courts can issue interim orders if immediate protection is needed.
What Conditions Can Be Included?
Both restraining orders and DVOs can include a range of conditions depending on your circumstances. These may include preventing the other person from:
- Contacting you in any way
- Approaching you or your children
- Visiting your home, workplace, or school
- Damaging your property or possessions
- Stalking, harassing, or intimidating you
The court tailors the conditions to your specific situation.
Key takeaway: Conditions can be customised to restrict contact, movement, and behaviour, giving you tailored protection.
What Happens If the Order Is Breached?
If the restrained person or defendant breaches the order, it is considered a criminal offence. The police can arrest and charge them, and penalties may include fines or imprisonment.
This ensures the order carries real weight, and you have legal protection if the other party fails to comply.
Key takeaway: Breaching a restraining order or DVO is a criminal offence and can lead to serious penalties.
Restraining Order vs DVO: Which Applies to You?
The term that applies to you depends on where you live. If you are in NSW, you would apply for an AVO. If you are in WA, you would seek a restraining order. In other states, different names like IVO or DVO are used, but all serve the same protective function.
What matters most is that you know your rights and take steps to apply for protection if you feel unsafe.