Tasmania has two main types of protection orders under the Family Violence Act 2004:
Family Violence Orders (FVOs)
A Police officer may make a Police Family Violence Order against someone if the officer is satisfied that the person has committed, or is likely to commit, family violence, while you may also apply to a Court to make a Family Violence Order. Both types of orders tell someone not to commit family violence or engage in certain behaviours.
Police Family Violence Orders (PFVOs)
Police can issue PFVOs immediately at the scene of a family violence incident without needing court involvement. PFVOs are usually made for a year, but can be revoked, changed, or replaced with an FVO, while FVOs last for as long as the Court considers necessary.
What Orders Can Include:
Both FVOs and PFVOs can include conditions requiring the person to:
- Not commit family violence
- Stay away from you, your home, and workplace
- Surrender firearms, ammunition, or weapons
- Refrain from contacting you directly or indirectly
- Not harass, threaten, or stalk you
- Restrictions on technology-facilitated abuse (such as tracking or monitoring through devices)
How to Apply for an FVO:
You can apply to the Magistrates Court using an Application for a Family Violence Order form. The Court will make an order if satisfied that family violence has occurred and may occur again, while considering your safety and interests.
National Recognition:
Family violence orders and Police family violence orders issued in Tasmania are automatically recognised and enforceable across Australia. If you move interstate, your Tasmanian order remains valid and local police will enforce it.
Breaching an Order:
Call 000 immediately. Breaching a protection order is a crime and they can be charged
Penalties increase for repeat offenses, with maximum imprisonment ranging from 12 months for a first offense to 5 years for subsequent offenses.