Family Violence Order Served in Tasmania - Your Rights and Options

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

A Family Violence Order (FVO) in Tasmania is a court order designed to protect someone from family violence or threats of violence. If you've been served with an FVO application or need protection from family violence, you're facing a serious legal situation that will be heard in the Tasmania Magistrates Court. Whether you're applying for protection or responding to an application against you, the next steps you take are critical - an FVO creates a permanent court record and breaching one is a criminal offence carrying up to two years imprisonment. You need to act quickly and get proper legal advice before your court date.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for FVO proceedings in Tasmania, whether you're applying for an order or defending against one. The stakes are too high to go alone. If you're responding to an FVO application, you're facing restrictions on where you can go, who you can contact, and potentially removal from your home. Without proper legal representation, you might agree to conditions that are unnecessarily harsh or contest an order inappropriately, making the situation worse.

A lawyer can challenge inappropriate conditions, negotiate alternatives that protect both parties' rights, and ensure you understand exactly what you can and cannot do. They can also help gather evidence, prepare your case, and cross-examine witnesses effectively. For applicants seeking protection, a lawyer ensures the order includes all necessary protections and helps you understand what happens if the order is breached.

Without a lawyer, people commonly agree to "interim" orders thinking they're temporary, not realising these often become final orders. The difference between having proper legal representation and going alone often determines whether you keep access to your children, your home, and your freedom of movement.

What Happens Next - The Process

1. Application Filed: The protected person files an FVO application at Tasmania Magistrates Court, stating their relationship to you and the violence or threats they've experienced.
2. Interim Order Consideration: The Magistrate may immediately grant an interim FVO without hearing from you if they believe there's immediate danger. This interim order has the same legal force as a final order.
3. Service of Documents: Police serve you with the FVO application and any interim order, usually at your home or workplace. You must be personally served - the order doesn't take effect until you receive it.
4. First Court Mention: You must attend Tasmania Magistrates Court on the date specified (usually within 2-3 weeks). This is when you can consent to the order, contest it, or seek variations to conditions.
5. Contested Hearing: If you dispute the application, the court schedules a full hearing where both sides present evidence and witnesses. This typically occurs 4-8 weeks after the initial mention.
6. Final Decision: The Magistrate decides whether to grant a final FVO, what conditions to impose, and how long the order lasts (typically 12 months but can be longer).
7. Appeal Rights: You have 28 days to appeal the decision to the Tasmania Supreme Court if you disagree with the Magistrate's decision.

The entire process from application to final hearing typically takes 6-12 weeks, but interim orders operate immediately and can drastically impact your life from day one.

The Law in Tasmania

Family Violence Orders in Tasmania are governed by the Family Violence Act 2004 (Tas). Under Section 13, a court can make an FVO if satisfied on the balance of probabilities that family violence has occurred or is likely to occur. The Act defines family violence broadly to include physical violence, sexual abuse, emotional or psychological abuse, economic abuse, threatening behaviour, coercive behaviour, and behaviour that causes fear.

Under Section 32, breaching an FVO is a criminal offence carrying a maximum penalty of 2 years imprisonment or a fine of 20 penalty units ($3,740 as of 2024). Police must arrest without warrant if they reasonably believe someone has breached an FVO, and there's a presumption against bail for repeat breaches under the Bail Act 1977 (Tas).

The Act allows for various conditions including prohibiting contact with the protected person, staying away from specified places, surrendering firearms, attending counselling programs, and not damaging property. Conditions can be imposed even if the parties normally live together - the Act prioritises the safety of the protected person over family unity.

Appeals to the Supreme Court of Tasmania must be lodged within 28 days and require leave of the court unless the appeal is on a point of law. The Supreme Court Act 1959 (Tas) governs appeal procedures, and appeals are typically heard by a single Supreme Court judge.

Mistakes to Avoid

Agreeing to an interim order without understanding it becomes permanent: We regularly see people consent to "temporary" orders at the first court mention, thinking they can sort it out later. In reality, interim orders almost always become final orders because the court sees your consent as admission. Once you've agreed to conditions, it's extremely difficult to have them removed later.

Making contact to "sort things out": The most common breach we see is people contacting the protected person to apologise or discuss the situation. Even a single text message, social media interaction, or asking a friend to pass on a message constitutes a breach. We've seen clients imprisoned for what they thought were harmless attempts to reconcile.

Staying in or near the family home without clear legal advice: Many FVOs require you to leave immediately, even if you're on the mortgage or lease. People often think they can stay until they find somewhere else to go, but this results in immediate arrest. The police don't care about your financial arrangements - if the order says leave, you must leave immediately.

Fighting the wrong battles in court: We see respondents trying to relitigate the entire relationship history instead of focusing on whether specific incidents of family violence occurred. This approach almost always backfires because it makes you appear unable to take responsibility, and the court only cares about whether violence or threats happened, not who was "really" at fault.

Ignoring court dates thinking the order will just go away: If you don't appear at court, the Magistrate will make a final order in your absence, usually granting everything the applicant requested. These default orders are much harder to overturn than if you'd attended and presented your case properly.

Likely Outcomes and Costs

With proper legal representation, you can expect significantly better outcomes than going alone. A lawyer can often negotiate conditions that protect the applicant while minimising disruption to your life - for example, allowing supervised contact with children, or permitting contact through lawyers for property settlements. We regularly achieve outcomes where clients keep access to their workplace, children's schools, and essential services that might otherwise be prohibited.

Without a lawyer, most people agree to whatever conditions are proposed because they don't understand what's negotiable. This typically results in overly broad restrictions that may be unnecessary for the applicant's protection but severely limit your freedom of movement and contact with family.

Legal costs for FVO matters typically range from $3,000-$8,000 for a straightforward contested hearing, or $1,500-$3,500 if the matter settles after negotiations. Appeals to the Supreme Court cost $8,000-$15,000. While this seems expensive, the long-term consequences of a poorly handled FVO - including potential imprisonment for breaches, loss of employment opportunities, and family access issues - far outweigh the legal costs.

Most contested FVO hearings are resolved within 2-4 months from the initial application. However, complex matters involving children or property can take 6-12 months, particularly if they intersect with Family Court proceedings. The sooner you engage a lawyer, the better your chances of achieving a reasonable outcome quickly.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been handling FVO matters across Australia since 2010, with extensive experience in Tasmania Magistrates Court and Supreme Court appeals. Our 800+ lawyers nationwide understand that FVO proceedings are deeply personal and stressful - we've guided thousands of clients through these situations with practical, empathetic advice that focuses on real-world solutions.

We offer a fixed $295 initial consultation where we'll review your FVO documents, explain your options clearly, and develop a strategy tailored to your specific situation. Our lawyers appear regularly in Tasmania courts and know the local Magistrates, police prosecutors, and court procedures that can make or break your case.

Our 24/7 legal hotline (1300 636 846) means you can get urgent advice outside business hours - crucial when you've just been served with an FVO and need to understand your obligations immediately. We're rated 4.5 stars from 780 reviews on Product Review because we deliver practical results, not just legal theory.

Whether you're applying for protection or responding to an application, the decisions you make in the next few days will impact your life for years to come. Call 1300 636 846 now or book online at gotocourt.com.au/book to speak with an experienced FVO lawyer who can protect your rights and guide you through this process. Don't face this alone - your freedom, your family relationships, and your future depend on getting this right.