The legal framework
Protection orders are made under state and territory law — ADVOs in New South Wales, FVIOs in Victoria, and equivalents elsewhere — and are recognised and enforceable across the country under the national recognition scheme. New South Wales and Queensland have criminalised coercive control, with other jurisdictions reviewing.
Key points
| Protection orders | Applied for by police or by the person at risk; interim orders available urgently |
|---|---|
| National recognition | Orders are automatically enforceable in every state and territory |
| Coercive control | A criminal offence in New South Wales (2024) and Queensland, under review elsewhere |
| Family law | The 2024 reforms strengthened the treatment of family violence in parenting cases |
| Tenancy | Victims can end a tenancy early in all states |
| Financial support | Escaping Violence and leaving violence payments have been provided under federal programmes |
| Firearms | Licences are cancelled where an order is made |
| State orders | Names differ by state: intervention, apprehended violence or protection orders |
| Family violence leave | Ten days of paid leave is a national employment entitlement |
In practice
- Build a record: dated notes, photographs, medical reports, messages and names of witnesses.
- Plan the exit before announcing it — separation is statistically the most dangerous period.
- Keep identity documents, some money and a spare set of keys somewhere safe outside the home.
- Tell schools and employers where safety arrangements are needed.
- Apply through the police or directly at the local court; both routes are free.
- Claim paid family and domestic violence leave: it is a legal entitlement, not a discretionary benefit.
Cost and coverage
Police-initiated applications are free; duty lawyers assist at court; legal aid is available for family violence matters.
Recent changes
The criminalisation of coercive control in New South Wales from mid-2024 was accompanied by extensive training, reflecting the difficulty of proving patterns rather than incidents.
Where to go
- 1800RESPECT — 1800 737 732, national counselling, 24/7.
- State police family violence units and duty lawyer services at court.
- Men's Referral Service 1300 766 491 for those wanting to change their behaviour.
Worth knowing
Protection orders now follow you across state borders automatically. If you relocate, the order remains enforceable without re-registration. Protection orders are automatically recognised across all states and territories. You do not need to register the order when you move.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments