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What Is the Difference Between an IVO and an AVO?

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Written by Hayder Shkara

If you have been told you have an IVO, but your paperwork or your state calls it an AVO, you are not imagining the confusion. Here is the plain answer. An IVO and an AVO are the same kind of court order: one that protects one person from another. They simply carry different names in different states. In New South Wales and the ACT it is an AVO. In Victoria it is an intervention order, or IVO. Same idea, different label.

I will be honest with you.

I think we’ve overcomplicated AVOs and protection orders in this country. They are so complex and people have so many questions as to how they work.

So let me lay it out the simple way, starting with what your order is actually called where you live.

What your order is called in each state

Every state and territory has its own name and its own Act for these orders. The order does the same job everywhere. It sets rules one person must follow to keep another person safe. Here is the map.

State or territoryDomestic or family violence orderPersonal (non-domestic) orderGoverning Act
New South WalesApprehended domestic violence order (ADVO)Apprehended personal violence order (APVO)Crimes (Domestic and Personal Violence) Act 2007 (NSW)
VictoriaFamily violence intervention order (FVIO)Personal safety intervention order (PSIO)Family Violence Protection Act 2008 (Vic) and Personal Safety Intervention Orders Act 2010 (Vic)
QueenslandDomestic violence order (DVO)Peace and Good Behaviour OrderDomestic and Family Violence Protection Act 2012 (Qld)
Western AustraliaFamily violence restraining order (FVRO)Violence restraining order (VRO)Restraining Orders Act 1997 (WA)
South AustraliaIntervention orderIntervention orderIntervention Orders (Prevention of Abuse) Act 2009 (SA)
TasmaniaFamily violence order (FVO)Restraint orderFamily Violence Act 2004 (Tas) and Justices Act 1959 (Tas)
Australian Capital TerritoryFamily violence order (FVO)Personal protection order (PPO)Family Violence Act 2016 (ACT) and Personal Violence Act 2016 (ACT)
Northern TerritoryDomestic violence order (DVO)Personal violence restraining order (PVRO)Domestic and Family Violence Act 2007 (NT) and Personal Violence Restraining Orders Act 2016 (NT)

A couple of things worth flagging. In South Australia, a single intervention order covers both domestic and non-domestic situations. In Western Australia, the family violence restraining order (FVRO) was introduced on 1 July 2017, and a violence restraining order (VRO) can no longer be made against a family member.

Which order applies to you

The name depends on your state. Which of the two types you get depends on your relationship with the other person.

If there is a domestic or family relationship, a partner, an ex-partner, a family member, you are looking at the domestic order: an ADVO in New South Wales, an FVIO in Victoria. If there is no domestic relationship, a neighbour, a colleague, a stranger, you are looking at the personal order: an APVO in New South Wales, a PSIO in Victoria. The other states split the same way. That distinction matters, because it decides which court process and which Act applies to your matter.

Does my order work in other states?

Here is the part that catches people out when they move.

For years, an order made in one state did not automatically hold up in another. That has changed. Since 25 November 2017, under the National Domestic Violence Order Scheme, a domestic violence order made in any state or territory is automatically recognised and enforceable right across Australia. The name difference does not stop your order protecting you when you cross a border.

One thing to check. If your order was made before that date, you may still need to register it in your new state for it to be enforced there.

How these orders actually affect you

Two things people do not expect.

First, these are civil orders, not criminal charges. But breaching one is a criminal offence. In New South Wales the maximum penalty for breaching an AVO is up to two years imprisonment (s 14, Crimes (Domestic and Personal Violence) Act 2007 (NSW)). Penalties differ from state to state. If you have been accused of a breach, I have written a separate guide on breaching an AVO that goes deeper.

Second, and this is the one that surprises people most. A protection order can affect your job or a licence, even where no finding is made against you, and even where you agree to the order. If your work needs a background check or a working-with-children check, think teaching, security, some government roles, an order can show up and cause problems. It can happen even if you consent to the order to make the matter go away without admitting anything. That is worth understanding before you decide how to respond. If an order has been made against you and you want it gone, you may be able to have an order dropped, depending on your circumstances.

Who applies for an order

An order can be sought by the police, or by the person seeking protection. If you want to apply, or you have been served with one and need to respond, our AVO lawyers can walk you through it.

Quick recap: which order is yours

If you are in a domestic or family relationship, you want the domestic order (an ADVO in New South Wales, an FVIO in Victoria, a DVO in Queensland and the Northern Territory, and so on). If there is no domestic relationship, you want the personal order (an APVO, a PSIO, a VRO, a restraint order, depending on your state). Whichever type it is, breaching it is a criminal matter. And if it is a domestic violence order, it is recognised right across the country.

Frequently Asked Questions

There is no real difference in what they do. An IVO (intervention order) and an AVO (apprehended violence order) are the same kind of court order, made to protect one person from another. The name just changes by state: AVO in New South Wales and the ACT, IVO in Victoria.

Yes. They are the same type of protection order under different state names. Victoria uses intervention order (IVO), New South Wales uses apprehended violence order (AVO). Both set enforceable rules the other person must follow.

It depends on the state. New South Wales uses AVO, Victoria and South Australia use intervention order, Queensland and the Northern Territory use domestic violence order (DVO), Western Australia uses a restraining order (FVRO or VRO), and the ACT and Tasmania use family violence orders.

Yes. Since 25 November 2017, under the National Domestic Violence Order Scheme, a domestic violence order made anywhere in Australia is automatically recognised and enforceable nationwide. If your order predates that scheme, you may need to register it in your new state.

It can. A protection order is a civil order, not a criminal conviction, but it can still show up on a background or working-with-children check and affect roles in teaching, security or government. This can happen even if you agree to the order by consent and no finding is made against you.

Hayder

Hayder Shkara

Principal of Justice Family Lawyers, Hayder Shkara specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
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