Injunctions and Restraining Orders

Get the support you need when seeking an injunction or a restraining order

Unfortunately, domestic violence and abuse can happen to anyone. The good news is you can take steps to protect yourself.

Injunctions and restraining orders, also known as Family Violence Intervention Orders (FVIO) or Apprehended Domestic Violence Orders (ADVO), are orders made by the court that requires a person to do, or refrain from doing, a particular act. When a court orders a person to stop their violence or intimidation, it is a criminal offence to disobey the order.

Injunctions and restraining orders aren't limited to protection against violence and intimidation. Injunctions can also be used for parenting and property matters, such as:

• Preventing a parent from moving the residence of a child or travelling overseas with a child
• Preventing a parent from changing the child's name, school or other important details
• Preventing one party from occupying a particular property
• Preventing one party from dealing with business assets or bank accounts

Applying for a restraining order

You can apply for a restraining order or ADVO directly through a private application, or the police (if they become involved) can make an application on your behalf. There are different processes available depending on the urgency of your orders and whether the orders are to be temporary or permanent.

Our lawyers can help if you'd like to make a private application, and will advise you on the process and the best approach for your situation.

Breaches of restraining orders

Once you have a restraining order in place, it must be adhered to, and breaching the order is a criminal offence. You should report any breaches of the order to the police, who will investigate the matter and decide whether or not the defendant needs to be charged with a breach.

It's common for women in particular to be concerned about their safety in the event that they apply for an injunction or restraining order. Some worry that the abuser will become even more violent. Restraining orders are designed to protect you, and you will always be kept safe during the court process. We urge you to speak to a lawyer or the police if you don't feel safe.