Responding to a Protection Order Application in Tasmania - Know Your Rights and Options

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

A protection order application has been filed against you in Tasmania, which means someone has alleged you pose a risk to their safety and wellbeing. This is a serious legal matter that can restrict where you go, who you contact, and potentially affect your employment, housing, and family relationships. You have the right to contest this application, but you must act quickly - the first hearing at the Magistrates Court will determine whether an interim order becomes permanent. Getting legal advice before this hearing can make the difference between having the application dismissed or living with restrictive conditions for years.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer when responding to a protection order application in Tasmania. The consequences of having a protection order made against you extend far beyond the immediate restrictions - it becomes a permanent court record that can affect future employment, visa applications, and custody arrangements.

Without legal representation, you risk accepting conditions you don't understand, agreeing to restrictions that are unnecessarily harsh, or failing to present evidence that could have the application dismissed entirely. Many people think they can simply explain their side of the story to the magistrate, but protection order hearings follow strict legal procedures and evidence rules that untrained individuals struggle to navigate.

A lawyer can examine the application for procedural flaws, challenge insufficient evidence, negotiate more reasonable conditions, or argue for complete dismissal. They understand what evidence the magistrate needs to see and how to present your case most effectively. The cost of legal representation is minimal compared to years of living under unnecessary restrictions or having a protection order on your permanent record.

Call 1300 636 846 now to speak with one of our protection order specialists who handle these cases daily across Tasmania.

What Happens Next - The Process

The protection order process in Tasmania follows these specific steps:

1. Application Filed: The applicant files their application at the Magistrates Court, usually in Hobart, Launceston, Burnie, or Devonport. You receive a copy of the application and a notice of the first hearing date.
2. Interim Order Consideration (within 24-48 hours): A magistrate reviews the application and may grant an interim protection order immediately if they believe there is an immediate risk. This can happen without you being present.
3. First Return Date (usually 2-4 weeks later): Both parties appear before the magistrate. You must indicate whether you consent to or contest the application. This is your most critical decision point.
4. Mention Hearings (if contested): The court may schedule one or more mention hearings to set directions, exchange evidence, and attempt resolution through negotiation.
5. Final Hearing (if no agreement reached): A full hearing where both sides present evidence and witnesses. The magistrate decides whether to make a final protection order and what conditions to impose.
6. Final Order or Dismissal: The magistrate either dismisses the application, makes a protection order with specific conditions, or varies the conditions of any interim order.

Time is critical - decisions you make at the first hearing can determine the entire outcome of your case. Don't attend without proper legal advice.

The Law in Tasmania

Protection orders in Tasmania are governed by the Family Violence Act 2004 (Tas) and can be sought under several grounds including physical abuse, sexual abuse, emotional or psychological abuse, economic abuse, threatening behaviour, coercion, or stalking.

Under Section 15 of the Act, a magistrate can make a protection order if satisfied on the balance of probabilities that:

• The respondent (you) has committed family violence against the applicant, or
• The respondent is likely to commit family violence against the applicant

The Act defines family violence broadly under Section 8, including behaviour that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, or controlling. This includes indirect threats, property damage, and behaviour that causes a person to fear for their safety.

Protection orders can last up to 12 months initially, but can be extended indefinitely upon application. Breaching a protection order is a criminal offence under Section 37, carrying penalties of up to $7,800 or 6 months imprisonment for a first offence, and up to $15,600 or 12 months imprisonment for subsequent breaches.

The court has broad discretion under Section 16 to impose any conditions it considers necessary and reasonable, including exclusion from premises, no-contact orders, and behaviour-specific restrictions.

Mistakes to Avoid

Consenting without understanding the long-term consequences. Many respondents consent to a protection order thinking it will make the matter go away quickly, not realizing that consent creates a permanent court record that can affect future employment, particularly in education, healthcare, security, or government roles. Once you consent, you cannot later argue you were innocent - the order remains on your record permanently.

Attending the first hearing without legal representation. The first hearing is when magistrates often make their strongest impressions about credibility and the seriousness of allegations. Appearing unprepared, emotional, or without understanding court procedures can damage your case before the evidence is even heard. We've seen numerous cases where proper preparation at the first hearing resulted in applications being withdrawn or dismissed.

Breaching an interim order while the matter is pending. Many people don't realize that interim orders carry the same criminal penalties as final orders. Sending a text message, driving past the applicant's workplace, or attempting to collect belongings without court permission can result in immediate arrest and criminal charges that are separate from and more serious than the original protection order application.

Failing to gather evidence early. Text messages, social media posts, witness statements, and medical records that could support your case often disappear or become harder to obtain as time passes. Many respondents focus on the immediate stress of the application rather than systematically collecting evidence that proves the allegations are false or exaggerated.

Assuming you can negotiate directly with the applicant. Any contact with the applicant while an interim order is in place, even to try to resolve the matter, constitutes a breach and can result in criminal charges. All negotiations must occur through lawyers or in court - there are no exceptions for "just trying to sort things out."

Likely Outcomes and Costs

With legal representation, approximately 30-40% of contested protection order applications are either dismissed entirely or result in significantly more reasonable conditions than originally sought. Lawyers can often negotiate "no admission" consent orders that avoid a finding of family violence while still resolving the matter, or secure conditions that minimally impact your daily life.

Without legal representation, most respondents either consent to the original application in full or contest unsuccessfully, often resulting in harsher conditions than necessary. Self-represented respondents struggle with evidence rules, procedural requirements, and presenting their case persuasively to magistrates who hear these matters daily.

Legal costs for representation typically range from $2,500-$8,000 for straightforward contested matters, depending on complexity and hearing length. This includes the initial consultation, court appearances, evidence preparation, and negotiations. Complex matters involving multiple witnesses or family court overlap may cost $10,000-$15,000.

Compare this to the long-term costs of an unnecessary protection order: potential employment restrictions, housing difficulties, limitations on child contact, and the permanent impact on your reputation and court record. Most clients tell us the legal fees were the best money they ever spent when we achieve dismissal or significantly better outcomes than they expected.

Timeframes vary significantly - consent matters can be resolved at the first hearing (2-4 weeks from application), while contested matters typically take 2-4 months to reach final hearing, depending on court availability and case complexity.

How Go To Court Lawyers Can Help

Go To Court Lawyers has 800+ lawyers nationally with extensive experience in Tasmanian protection order matters. Our lawyers appear regularly in the Magistrates Courts in Hobart, Launceston, Burnie, Devonport, and regional centers, giving them established relationships with magistrates and detailed knowledge of how different courts approach these cases.

We offer a fixed-fee consultation where we review your application documents, explain your options clearly, and provide honest advice about your prospects of success. Many clients find this initial consultation gives them the confidence and strategy they need to make informed decisions about their case.

Our 24/7 hotline 1300 636 846 means you can get immediate advice when you receive the application documents, rather than waiting days or weeks to see a lawyer. Protection order applications move quickly, and early advice often reveals opportunities that disappear if you wait.

With a 4.5-star rating from 780+ reviews, our clients consistently praise our practical approach, clear communication, and ability to achieve better outcomes than they thought possible. We understand that facing a protection order application is overwhelming and stressful - our lawyers take time to explain the process, answer your questions, and provide regular updates about your case progress.

Don't face this alone. Protection order applications have serious, long-term consequences that extend far beyond the immediate restrictions. Our experienced lawyers know how to challenge weak applications, negotiate reasonable conditions, and present your case most effectively to achieve the best possible outcome.

Call 1300 636 846 now to speak with a protection order specialist, or book your consultation online at gotocourt.com.au/book. Every day you wait is a day closer to your first hearing - and that hearing may determine the outcome of your entire case.