Criminal legal Australia

Understanding Apprehended Domestic Violence Orders (ADVOs, AVOs, and IVOs)

An Apprehended Domestic Violence Order (ADVO) is a legal order made by a court to protect someone from violence, abuse, threats, or harassment. In some states, it’s called an AVO (Apprehended Violence Order) or an IVO (Intervention Order). While the name might be different, the purpose is the same—to protect people from family or domestic violence.

These orders are serious, and breaching one is a criminal offence. This article explains how ADVOs work across Australia, how they are issued, and what happens if you’re served with one or need protection.


What Is an ADVO, AVO or IVO?

An ADVO is made by a court to protect someone who fears for their safety because of domestic or family violence. This can include physical abuse, verbal threats, stalking, emotional or financial abuse, and controlling behaviour.

The person applying for protection is called the protected person (or applicant). The person the order is made against is called the defendant or respondent.

These orders usually include conditions like:

  • Not contacting the protected person

  • Not going near their home, work, or school

  • Not threatening, assaulting, or stalking them

 

Are ADVOs Criminal Charges?

No, an ADVO is not a criminal charge. But breaching the order is a crime, and you can be arrested and charged. If violence was involved in the incident, police might also lay separate criminal charges like assault, stalking, or property damage.


Who Can Apply for an ADVO?

  • The police (on behalf of a victim)

  • A person who fears for their safety

  • A parent or guardian (on behalf of a child)

The court must be satisfied that the person has reasonable grounds to fear domestic violence.

State-by-State Guide to AVO, ADVO, and IVO Laws

New South Wales (NSW)

  • Name: Apprehended Domestic Violence Order (ADVO)

  • Law: Crimes (Domestic and Personal Violence) Act 2007

  • Court: Local Court

  • Breach Penalty: Up to 2 years imprisonment and/or fines

  • Notes: Police can issue a Provisional ADVO on the spot

Victoria (VIC)

  • Name: Family Violence Intervention Order (IVO)

  • Law: Family Violence Protection Act 2008

  • Court: Magistrates’ Court

  • Breach Penalty: Up to 2 years prison or fine; longer if children involved

  • Notes: Orders can include family counselling requirements

Queensland (QLD)

  • Name: Domestic Violence Order (DVO)

  • Law: Domestic and Family Violence Protection Act 2012

  • Court: Magistrates Court

  • Breach Penalty: Up to 3 years prison (5 years for repeated breaches)

  • Notes: Orders can be temporary or final

Western Australia (WA)

  • Name: Family Violence Restraining Order (FVRO)

  • Law: Restraining Orders Act 1997

  • Court: Magistrates Court

  • Breach Penalty: Up to 2 years prison and fines

  • Notes: Covers both family and non-family violence

South Australia (SA)

  • Name: Intervention Order

  • Law: Intervention Orders (Prevention of Abuse) Act 2009

  • Court: Magistrates Court

  • Breach Penalty: Up to 2 years prison or fine

  • Notes: Police can issue interim orders

Australian Capital Territory (ACT)

  • Name: Family Violence Order (FVO)

  • Law: Family Violence Act 2016

  • Court: Magistrates Court

  • Breach Penalty: Criminal charge with potential jail time

  • Notes: Emergency orders can be made by police

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.