Family violence orders in Tasmania
How family violence orders work in Tasmania — police family violence orders that last up to 12 months, applying for an FVO in the Magistrates Court, the Safe at Home response, breach offences, and where to find free help.
Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.
If you are in danger right now, call 000.
For free, confidential support 24 hours a day, call 1800RESPECT on 1800 737 732.
Overview
If you are in immediate danger, call the police on triple zero (000). Tasmania's Family Violence Response and Referral Line is available 24 hours a day on 1800 633 937, and 1800RESPECT can be reached nationally on 1800 737 732. This page sets out general information about Tasmanian law. It is not legal advice about your situation.
Tasmania has two kinds of family violence order under the Family Violence Act 2004 (Tas). A police family violence order (PFVO) is made by a senior or specially authorised police officer and can stay in force for up to 12 months without a court hearing. A family violence order (FVO) is made by the Magistrates Court of Tasmania, either on an application or in a criminal case for a family violence offence. In Tasmania these orders only cover violence by a current or former spouse or partner: someone you are or were married to or in a couple relationship with. That includes a de facto partner, and can include a partner you never lived with or a couple where one or both are aged 16 or 17. If the violence comes from another family member, such as a parent, adult child or sibling, or from anyone else, the protection is a restraint order under the Justices Act 1959 (Tas).
The Family Violence Act 2004 provides an integrated criminal justice response to family violence, and the safety, psychological wellbeing and interests of the people affected are its paramount considerations. Safe at Home, the Tasmanian Government's response built on the Act, aims to keep victim-survivors and children safe and to hold people who use violence accountable. Police and the court can order the person using violence to leave the home, even if they own or rent it. Tasmania has also had separate offences of economic abuse and emotional abuse or intimidation since the Act came into effect in 2005, alongside the crime of persistent family violence in the Criminal Code.
Who this is for
- You are being hurt, threatened or controlled by a partner or former partner, or by another family member, and need to know which order applies in Tasmania
- Police issued a police family violence order after attending an incident
- You want to apply for a family violence order at the Magistrates Court
- You have been served with an FVO or PFVO and want to know what to do next
- The other person has breached a condition of an order
- You want to vary, extend or revoke an existing family violence order
- You want to stay in your home under the Safe at Home response
- You have moved to Tasmania with a protection order made in another state or territory
LegislationShowHide
- Family Violence Act 2004 (Tas) (TAS)
The main Act, described as providing an integrated criminal justice response to family violence which promotes the safety of people affected by it. It defines family violence as conduct against a current or former spouse or partner, lets senior or authorised police officers make police family violence orders, lets the Magistrates Court make interim and final family violence orders, creates offences of economic abuse and emotional abuse or intimidation, and makes breaching an order an offence. Recent changes added rehabilitation program conditions and serial family violence perpetrator declarations (from 30 June 2024), animal abuse used to control a partner (from 13 December 2024), and new rules on extending orders and on costs (from 16 April 2025).
- Justices Act 1959 (Tas) (TAS)
Provides for restraint orders (section 106B), which protect people from injury, property damage, threats, stalking and some offensive behaviour. They are the order used where the people involved are not spouses or partners, including other family members, neighbours and acquaintances. Section 106BA lets the court treat a restraint order application as a family violence order application where it should have been made under the Family Violence Act.
- Criminal Code Act 1924 (Tas) (TAS)
Contains the criminal offences often charged alongside a family violence order, including assault, wounding and grievous bodily harm, stalking and bullying (section 192), and the crime of persistent family violence (section 170A), which lets unlawful family violence against a spouse or partner on at least three occasions be charged as a single crime.
- Firearms Act 1996 (Tas) (TAS)
Section 51 automatically cancels a firearms licence when the holder becomes subject to a family violence order, a restraint order relating to personal injury or a recognised interstate domestic violence order, or is declared a serial family violence perpetrator.
- Family Law Act 1975 (Cth) (CTH)
Governs parenting and property matters after separation. Sections 68P to 68R deal with how family violence orders and parenting orders interact. Under section 68R, a court making or varying a family violence order can revive, vary, discharge or suspend a parenting order to the extent it provides for a child to spend time with a person, but it cannot discharge one when making only an interim order.
Courts and tribunalsShowHide
- Magistrates Court of Tasmania
Hears applications for family violence orders and restraint orders, makes interim and final orders, deals with applications to vary, extend or revoke orders, and hears charges for breaching an order. There is no filing fee for a family violence order application.
- Magistrates Court of Tasmania — national domestic violence orders
Explains how domestic violence orders made anywhere in Australia are recognised in Tasmania, how an older order can be declared nationally recognised, and how a party to an interstate order can apply to the Tasmanian court.
- Tasmania Police
Responds to family violence reports, makes police family violence orders, applies to the court for family violence orders, serves orders, and investigates and prosecutes breaches. Specialist Family Violence Units in each region assess and monitor family violence incidents.
- Safe at Home
The Tasmanian Government's integrated criminal justice response to family violence, a partnership of state government departments led by the Department of Justice, with Tasmania Police as the entry point. It links police, courts, Tasmania Legal Aid, court support, counselling and offender programs.
ProcessShowHide
01Report to police or get support
Call 000 in an emergency. For a non-urgent report, call the Police Assistance Line on 131 444 or go to a police station. The Family Violence Response and Referral Line (1800 633 937, 24 hours) connects you with counselling and support services. Police respond to all reported family violence incidents and use a shared risk screening tool to assess the risk of further violence.
Typical timeframe: Same day
02Police family violence order
A police officer of the rank of sergeant or above, or an officer authorised by the Commissioner of Police, can make a police family violence order if satisfied that the person has committed, or is likely to commit, a family violence offence. It can require the person to leave the home, stay away, not contact you and surrender firearms. It starts when it is served and lasts for the period written in it.
Typical timeframe: Starts on service; up to 12 months
03Applying for a family violence order
You can apply for a family violence order at a Magistrates Court registry by lodging the application form plus five copies. There is no filing fee. Police can also apply, with or without your consent. The application sets out the relationship, what has happened and the conditions you need. Tasmania Legal Aid's Safe at Home lawyers and the Court Support and Liaison Service can help with the application.
Typical timeframe: Urgent applications are listed as soon as possible
04Interim order
At any stage the court can make an interim family violence order to protect you until the application is decided, even before it is satisfied of the full test and in the other person's absence. An interim order takes effect when it is served, or straight away if the respondent is in court when it is made.
Typical timeframe: Can be made at an urgent first hearing
05Service and first listing
The application, and any interim order, is served on the respondent, usually by police or a process server, with a notice giving the hearing date. At the first formal hearing the respondent says whether they consent. An order can be made by consent without the respondent admitting the allegations. If the respondent contests it, the magistrate may list the matter for mediation or a mention before a final hearing.
Typical timeframe: Set by the court
06Contested hearing
The magistrate hears evidence from both sides and decides, on the balance of probabilities, whether the respondent has committed family violence and may do so again. Hearings are usually in open court, and special rules limit how an alleged victim can be cross-examined. If that test is not met, the court can make a restraint order instead where the Justices Act test is met.
Typical timeframe: Depends on court lists
07Final order, variation and revocation
A final family violence order lasts for the period the court considers necessary; the court says orders usually last about 12 months but can be longer. To vary, extend or revoke an FVO you need the court's permission (leave). Leave to vary or revoke requires a substantial change in circumstances since the order was made or last varied; since 16 April 2025 an extension does not. A PFVO can be varied, extended or revoked by the court at any time while it is in force.
Typical timeframe: Duration set case by case
Parties
Affected person
The person the family violence order protects, who is a current or former spouse or partner of the respondent. Affected children can also be protected by the order.
Respondent
The person the order is made against, who must comply with every condition once the order takes effect: when it is served, or straight away if they are in court when it is made.
Issuing police officer
A Tasmania Police officer of the rank of sergeant or above, or an officer authorised by the Commissioner, who can make a police family violence order without going to court.
Police prosecutor
A Tasmania Police prosecutor who presents an application for a family violence order and prosecutes charges for breaching an order. Tasmania Police has specialist prosecutors for family violence matters.
Affected children
Children whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence, who can be protected by the conditions of the order.
Court support worker
A Court Support and Liaison Service officer or family violence counsellor who helps with safety planning, explains court processes, supports you at court and makes referrals.
Time limits
These are general time limits described in prose. This page does not calculate a deadline for your matter.
Police family violence order
Starts when it is served and lasts for the period written in the order, up to 12 months, unless revoked, varied or extended sooner
Source: Family Violence Act 2004 (Tas) s 14(6)
Duration of a court-made family violence order
For the period the court considers necessary for the protected person's safety and interests, or until revoked; the court says orders usually last about 12 months but can be longer
Source: Family Violence Act 2004 (Tas) s 19; Magistrates Court of Tasmania
Applying to vary, extend or revoke
An FVO application can be made at any time but needs the court's leave; leave to vary or revoke needs a substantial change in circumstances, but an extension does not (since 16 April 2025). A PFVO can be challenged in court at any time while it is in force
Source: Family Violence Act 2004 (Tas) ss 14(9)-(11), 20
Breaching an FVO or PFVO
A criminal offence. Maximum penalties rise with each breach: up to 20 penalty units or 12 months' jail for a first offence, 30 penalty units or 18 months for a second, 40 penalty units or 2 years for a third, and up to 5 years' jail for a fourth or later offence
Source: Family Violence Act 2004 (Tas) s 35
Prosecuting a breach of an order
Police generally have 6 months from a breach to start a prosecution, so report a breach promptly. The draft Family Violence Reforms Bill 2026 proposes 12 months, but as at 8 November 2026 that is not law
Source: Justices Act 1959 (Tas) s 26(1); Department of Justice, Family Violence Reforms Bill 2026 consultation
Charges of economic abuse or emotional abuse or intimidation
The charge (called a complaint in Tasmania) must be laid within 12 months of the last act in the course of conduct
Source: Family Violence Act 2004 (Tas) s 9A
Interstate orders in Tasmania
Domestic violence orders issued anywhere in Australia from 25 November 2017 are automatically recognised and enforceable nationally, including in Tasmania; an older order can be declared nationally recognised on application
Source: Magistrates Court of Tasmania — national domestic violence orders
Costs and helpShowHide
There is no filing fee for a family violence order application in the Magistrates Court, and where police make a PFVO or apply for an FVO, police prosecutors run the case. A restraint order application does carry a filing fee. The main expense is a private lawyer if an application is contested. Each party usually pays its own legal costs, but since 16 April 2025 the court can order one party to pay another's costs if that is fair, for example where an application was made, opposed or withdrawn to control or intimidate the other person, or was malicious, frivolous or vexatious, or where a party unreasonably dragged out the case. Costs cannot be ordered against a police officer. Tasmania Legal Aid's Safe at Home lawyers give free help to victim-survivors with family violence orders, and grants of legal aid for family violence matters carry no contribution, though you must still be eligible. Women's Legal Service Tasmania and community legal centres also provide free legal help.
Free legal information on 1300 366 611 on weekdays. Safe at Home lawyers help victim-survivors apply for, vary or extend family violence orders and can represent you in court, Legal Aid lawyers are usually at the Magistrates Court on sitting days, and grants of legal aid for family violence matters are free if you are eligible.
- Family Violence Response and Referral Line
The Safe at Home response and referral line on 1800 633 937, 24 hours a day, plus the statewide directory of family violence services.
- Court Support and Liaison Service
Free court support for victim-survivors of family violence on 1300 663 773, including help with an FVO application, court tours and support on the day. An Aboriginal Court Support Officer is available.
- Safe at Home
Tasmania's integrated response to family violence, including victim-survivor support, court and legal services, accommodation services and offender programs.
- Magistrates Court of Tasmania — apply for a family violence order
Court guidance on how to apply for a family violence order or restraint order, the forms, and what the magistrate must be satisfied of.
- Law Society of Tasmania
Find a Tasmanian lawyer practising in family violence, family law and criminal law through the Law Society's lawyer directory.
Where to get help
- Family Violence Response and Referral Line (Tas)
Tasmania's response and referral line on 1800 633 937, 24 hours a day, plus the statewide directory of family violence support services.
- 1800RESPECT
National domestic, family and sexual violence counselling and support on 1800 737 732, 24 hours a day.
- Tasmania Legal Aid
Free legal information on 1300 366 611, Safe at Home lawyers for victim-survivors of family violence, and Legal Aid lawyers usually at the Magistrates Court on sitting days.
- Women's Legal Service Tasmania
Free, confidential statewide legal help for women on family violence, family law and child safety matters. Phone line 1800 682 468, 10am to 4pm on weekdays.
- Magistrates Court of Tasmania — family violence and restraint orders
Court information about family violence orders, restraint orders, hearings and variations.
- Safe at Home
Tasmania's integrated family violence response, including victim-survivor support services, court and legal services, and accommodation services.
- Tasmania Police — family violence
Police information about family violence, reporting it, the regional Family Violence Units and the national recognition of orders.
Practical guidanceShowHide
What is a police family violence order and how long does it last?
Where a police officer of the rank of sergeant or above, or an officer authorised by the Commissioner of Police, is satisfied that a person has committed or is likely to commit a family violence offence, the officer can make a police family violence order without going to court. A PFVO can require the person to leave the home or stay away from it, even if they own or rent it, to keep a set distance from you, your children or named places, not to contact you directly or indirectly, and to surrender firearms and other weapons. While it is in force, any firearms licence the person holds is suspended. A PFVO starts when it is served and lasts for the period written in it, up to 12 months, so a person can be bound by a serious, enforceable order made by police rather than a magistrate. A police inspector or more senior officer can vary a PFVO only if both people agree and it is safe. Otherwise, the protected person, the person bound by the order or police can apply to the Magistrates Court to vary, extend or revoke it at any time while it is in force. A PFVO ends automatically once an FVO or interim FVO between the same people is issued and served.
How does the Safe at Home response work?
Safe at Home is the Tasmanian Government's integrated criminal justice response to family violence. It began in 2004 alongside the Family Violence Act, is led by the Department of Justice, and brings together Tasmania Police, the courts, Tasmania Legal Aid, the Court Support and Liaison Service, the Family Violence Counselling and Support Service, child safety services and offender programs. Its stated aims are to improve the safety of adult and child victim-survivors, hold offenders accountable, reduce family violence, and limit the harm of contact with the justice system. Tasmania Police is the entry point: when a family violence report is made, police use a shared risk screening tool and can carry out a safety audit of your home, and regional Integrated Case Coordination meetings discuss risk and safety each week. Police and the court can order the person using violence to leave the home whether or not they own or rent it, and where that person is a tenant the court can end the lease and set up a new one for you on the same terms. If staying in your home matters to you, say so early to police, the court and your support worker so that the conditions of any order make it possible.
What conditions can a Tasmanian family violence order contain?
Both police family violence orders and court-made family violence orders are built from conditions the officer or magistrate considers necessary. Common conditions prohibit family violence, contact or communication directly or through another person, and coming within a set distance of a home, workplace, school or childcare centre. An order can require the respondent to leave the home and stay away, or only enter on set conditions, for example to collect belongings. On firearms, a court-made FVO automatically cancels the person's firearms licence and can require firearms to be forfeited or disposed of, and a PFVO suspends the licence while it lasts. On a police application, the court can order electronic monitoring of a person who has been found guilty of, or is charged with, a family violence offence, or who has a history of family violence. Since 30 June 2024 it can also require the respondent to attend a rehabilitation program after an assessment. Police and the court must take account of any Family Court parenting order they are told about. Think about the practical details — shared workplaces, school pick-ups, sporting clubs — and ask for conditions that deal with them clearly, because a vague condition is hard to enforce.
What happens when a family violence order is breached in Tasmania?
Report every breach to Tasmania Police as soon as you can and ask for the report number. Police generally have 6 months from a breach to start a prosecution. Breaching a family violence order, an interim order or a police family violence order is a criminal offence under section 35 of the Family Violence Act 2004 (Tas). Maximum penalties rise with each breach, counting breaches of any such order: up to 12 months' jail for a first offence and up to 5 years' jail for a fourth or later offence. A person charged with a family violence offence must not be granted bail unless the court or police are satisfied that release is not likely to adversely affect your safety, wellbeing and interests or those of your children, and police cannot themselves grant bail to someone charged with breaching an order. Keep the order, proof of service, screenshots showing the sender and the time, voicemails, photographs, and a dated diary of incidents and witnesses. If the order says no contact, contact by the respondent is still an offence even if you replied or invited it. A protected person who encourages a breach can only be found guilty where they knew or ought to have known it could put a child named in the order at risk. If the conditions no longer suit your circumstances, apply to the Magistrates Court to vary them rather than relying on an informal understanding.
Are economic and emotional abuse offences in Tasmania?
Yes, when the conduct is directed at a spouse or partner, and this is a long-standing feature of Tasmanian law. Since the Family Violence Act 2004 (Tas) came into effect in 2005, it has been an offence to pursue a course of conduct amounting to economic abuse, or to emotional abuse or intimidation. Economic abuse includes coercing a partner to give up control of assets or income, disposing of their property without consent, shutting them out of decisions about household spending, and withholding money reasonably needed to support them or a child. Emotional abuse or intimidation covers conduct likely to unreasonably control or intimidate a partner or cause them mental harm, fear or apprehension, including limiting their freedom of movement through threats. Each offence carries up to 2 years' jail, and the charge must be laid within 12 months of the last act. The Criminal Code Act 1924 (Tas) also contains the crime of persistent family violence, which lets unlawful family violence against a partner on at least three occasions be charged as one crime without proving exact dates. In August 2026 the Government released a draft Family Violence Reforms Bill 2026 proposing a standalone coercive control offence and longer time limits; as at 8 November 2026 these are proposals, not law. If your experience is of control rather than physical assault, describe the pattern in detail — dates, amounts, what you were prevented from doing.
How do family violence orders work with parenting orders and interstate orders?
Tell police and the Magistrates Court about any parenting orders, parenting plan or family law case as early as you can: police must take account of a Family Court order they know about when making a PFVO, and the court must consider one when making an FVO. Under section 33 of the Family Violence Act, Tasmanian family violence orders operate subject to Family Court orders, so where they conflict the parenting order generally prevails. But under section 68R of the Family Law Act 1975 (Cth), a court making or varying a family violence order can revive, vary, discharge or suspend a parenting order to the extent it provides for a child to spend time with a person, although it cannot discharge one when making only an interim order. On interstate orders, the Magistrates Court confirms that domestic violence orders issued anywhere in Australia from 25 November 2017, including Tasmanian FVOs, PFVOs and interim orders, are automatically recognised and enforceable nationally. An order made before that date can be declared nationally recognised, and a party to an interstate order can apply to the Magistrates Court of Tasmania to vary, extend or revoke it.
Checklist
- Copy of the police family violence order or court order
- The application for a family violence order and the listing notice
- Police report number and the attending officers' details
- Your written account of incidents in date order
- Screenshots of messages, emails and social media contact
- Photographs of injuries or damaged property
- Medical, hospital or counselling records
- Bank statements or records showing financial control, where economic abuse is involved
- Existing parenting orders or family law documents
- Firearms licence details and weapons in the household
- Names and contact details of witnesses
- A safety plan and emergency contact list
Common questions
How long can a police family violence order last in Tasmania?
Up to 12 months. A Tasmania Police officer of the rank of sergeant or above, or an authorised officer, can make a police family violence order if satisfied that the person has committed, or is likely to commit, a family violence offence. It starts when it is served and lasts for the period written in it, up to a year, without a court hearing. If you want the order changed or ended earlier, you can apply to the Magistrates Court to vary or revoke it at any time while it is in force.
What is the difference between a family violence order and a restraint order?
In Tasmania a family violence order under the Family Violence Act 2004 (Tas) only protects you from a current or former spouse or partner. That includes a de facto partner and can include a partner you never lived with. A restraint order under the Justices Act 1959 (Tas) covers violence, threats, property damage or stalking by anyone else, including other family members such as a parent, adult child or sibling, a neighbour or an acquaintance. There is no filing fee for an FVO application, but there is one for a restraint order.
Can I apply for a family violence order myself?
Yes. You can apply at a Magistrates Court registry, and there is no filing fee. Tasmania Legal Aid's Safe at Home lawyers or the Court Support and Liaison Service can help you with the application. Police can also apply, with or without your consent, which is common after they have attended an incident. The magistrate will make the order if satisfied, on the balance of probabilities, that the person has committed family violence and may do so again.
What happens if the order is breached?
Report it to Tasmania Police as soon as you can. Breaching a family violence order or a police family violence order is a criminal offence under section 35 of the Family Violence Act 2004 (Tas), with maximum penalties that rise for repeat breaches, up to 5 years' jail for a fourth or later offence. Police can arrest and charge the person, and the charge is dealt with separately from the order itself. Keep screenshots, voicemails, photographs and a dated diary as evidence.
Can I stay in my home if there is family violence?
Often, yes. Police and the court can order the person using violence to leave the home and stay away, even if they own it or are on the lease, and where that person is a tenant the court can end the lease and set up a new one for you on the same terms. Tell police and your support worker early if staying at home matters to you, so the order conditions can be written accordingly.
Is emotional or financial abuse against the law in Tasmania?
Yes, when it is directed at a spouse or partner. The Family Violence Act 2004 (Tas) makes economic abuse and emotional abuse or intimidation offences, each with a maximum of 2 years' jail, so controlling behaviour can be prosecuted as a crime rather than only supporting an order. The charge must be laid within 12 months of the last act. The Criminal Code Act 1924 (Tas) also contains the crime of persistent family violence, which allows unlawful family violence against a partner on at least three occasions to be charged as a single crime.
Is my Tasmanian order enforceable interstate?
Yes. The Magistrates Court of Tasmania confirms that domestic violence orders issued from 25 November 2017, including FVOs, PFVOs and interim orders, are automatically recognised and enforceable across Australia, and orders made elsewhere in Australia are enforceable in Tasmania. No registration is needed. An order made before that date can be declared nationally recognised on application to the court. Keep a copy of your order with you.
Sources
- Family Violence Act 2004 (Tas) (accessed 8 Nov 2026)
- Justices Act 1959 (Tas) (accessed 8 Nov 2026)
- Criminal Code Act 1924 (Tas) (accessed 8 Nov 2026)
- Firearms Act 1996 (Tas) (accessed 8 Nov 2026)
- Family Law Act 1975 (Cth) (accessed 8 Nov 2026)
- Magistrates Court of Tasmania — Family Violence & Restraint Orders (accessed 8 Nov 2026)
- Magistrates Court of Tasmania — Apply for a family violence or restraint order (accessed 8 Nov 2026)
- Magistrates Court of Tasmania — National Domestic Violence Orders (accessed 8 Nov 2026)
- Magistrates Court of Tasmania — Tasmania Legal Aid solicitors at court (accessed 8 Nov 2026)
- Tasmania Police — Family Violence (accessed 8 Nov 2026)
- Safe at Home — About us (accessed 8 Nov 2026)
- Safe at Home — Police Emergency Services (accessed 8 Nov 2026)
- Safe at Home — Court and Legal Services (accessed 8 Nov 2026)
- Safe from Violence Tasmania — Services Directory (accessed 8 Nov 2026)
- Tasmania Legal Aid — Family violence overview (accessed 8 Nov 2026)
- Tasmania Legal Aid — Family Violence Orders: challenging an order (accessed 8 Nov 2026)
- Tasmania Legal Aid — Restraint orders (accessed 8 Nov 2026)
- Tasmania Legal Aid — Applying for legal aid (accessed 8 Nov 2026)
- Premier of Tasmania — Consultation opens on the draft Family Violence Reforms Bill 2026 (24 August 2026) (accessed 8 Nov 2026)
- Department of Justice — Family Violence Reforms Bill 2026 consultation (accessed 8 Nov 2026)
- Relationships Act 2003 (Tas) (accessed 8 Nov 2026)
- Women's Legal Service Tasmania (accessed 8 Nov 2026)