Restraining Orders and Protection Orders in Tasmania - Apply, Contest or Respond

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

Facing a Restraining Order Situation in Tasmania - What You Need to Know Now

In Tasmania, protection from family violence is provided through Family Violence Orders (FVOs) and Police Family Violence Orders (PFVOs) under the Family Violence Act 2004. If you need urgent protection, are served with an order, or want to contest one, time is critical. Police can issue immediate protection orders, and magistrates can impose conditions that dramatically affect your life including where you live, work, and contact with children. Call 1300 636 846 immediately if you're in this situation - the next 24-48 hours often determine the outcome.

Do You Need a Lawyer?

Yes, you absolutely need legal representation for restraining order matters in Tasmania. Whether you're applying for protection or defending against an order, the stakes are enormous. A Family Violence Order can prevent you from entering your own home, contacting your children, or attending your workplace. Breaching an order is a criminal offence carrying up to 2 years imprisonment.

Police Family Violence Orders can be issued on the spot and last up to 12 months. Without immediate legal advice, you might accept conditions that are unnecessarily restrictive or fail to seek protection that could save your life. Our lawyers have seen clients lose access to their children for months because they didn't contest unreasonable conditions at the first hearing.

A lawyer can negotiate conditions, gather evidence for contested hearings, and ensure emergency orders don't become permanent through default. The Magistrates Court of Tasmania moves quickly on these matters - you cannot afford to navigate this alone.

What Happens Next - The Process

1. Emergency Protection: Police can issue a Police Family Violence Order immediately if they believe family violence has occurred or is likely to occur. This happens on the spot and takes effect immediately.
2. Court Application: You can apply for a Family Violence Order at the Magistrates Court of Tasmania by filing an application. No court fees apply for family violence matters.
3. Interim Orders: The magistrate can issue an interim Family Violence Order on the same day you apply, often without the respondent being present. This provides immediate protection while awaiting a full hearing.
4. Service of Documents: Police serve the respondent with the order and court papers. The respondent has the right to contest the order and request a hearing.
5. Mention Hearing: Both parties attend court within 1-3 weeks. The respondent can consent to the order, contest it, or seek to vary conditions. Most cases are resolved at this stage.
6. Contested Hearing: If the matter is contested, a hearing date is set typically within 4-8 weeks. Both parties can present evidence and call witnesses.
7. Final Decision: The magistrate decides whether to grant a final Family Violence Order and what conditions to impose. Orders can last up to 2 years initially.

The Magistrates Court sits in Hobart, Launceston, Devonport, and Burnie. Emergency applications can be made at any court or through police stations statewide. Time moves fast in these proceedings - book urgent legal advice at gotocourt.com.au/book before your first court date.

The Law in Tasmania

Tasmania's restraining order system operates under the Family Violence Act 2004 (Tas). This Act defines family violence as physical assault, sexual assault, threats, intimidation, emotional abuse, economic abuse, or property damage between family members.

"Family members" includes spouses, de facto partners, relatives, people in care relationships, and people who share residence. Significantly, Tasmania's definition includes emotional and economic abuse - not just physical violence.

Family Violence Orders can impose conditions including:

• Prohibiting the respondent from being on specified premises (including the family home)
• Prohibiting contact with the protected person and any children
• Requiring the respondent to stay a specified distance away
• Surrendering firearms and weapons
• Attending counselling programs
• Prohibiting alcohol or drug consumption

Police Family Violence Orders under Section 15 can be issued for up to 12 months and carry the same conditions as court orders. Breaching any family violence order is an offence under Section 39, punishable by up to 2 years imprisonment and/or fines up to $39,600.

Under Section 20, magistrates must consider the safety of the protected person and any children as the paramount consideration. The standard of proof is "balance of probabilities" - not the criminal standard of "beyond reasonable doubt."

Mistakes to Avoid

Agreeing to overly broad conditions at the first hearing: Many respondents consent to restrictions they cannot realistically comply with, thinking they can change them later. Once you consent, varying conditions requires proving a "material change in circumstances" - extremely difficult to establish.

Failing to gather evidence immediately: In contested hearings, recent evidence carries the most weight. Text messages, medical records, witness statements, and photographs must be collected within days of incidents. Our lawyers see clients lose winnable cases because crucial evidence was deleted or lost.

Representing yourself in contested hearings: Magistrates expect proper evidence presentation, understanding of examination procedures, and knowledge of relevant case law. Self-represented parties routinely have their evidence ruled inadmissible or fail to properly cross-examine opposing witnesses.

Breaching conditions while seeking legal advice: Any contact with the protected person - even through family members or social media - constitutes a breach. Police treat breaches extremely seriously, often resulting in immediate arrest and criminal charges that are harder to defend than the original order.

Ignoring court documents: If served with papers and you don't appear, the order will likely be granted in your absence with the most restrictive conditions sought. Default orders are much harder to overturn than defending the original application.

Likely Outcomes and Costs

With legal representation, approximately 60% of contested Family Violence Order applications in Tasmania result in either dismissal or significantly reduced conditions. Lawyers can often negotiate consent orders with practical conditions that protect the applicant while allowing respondents to maintain employment and reasonable contact with children.

Without a lawyer, over 80% of applications result in orders being granted as sought by the applicant. Self-represented respondents frequently face unnecessarily restrictive conditions because they cannot effectively present their case or negotiate alternatives.

Realistic legal costs:

• Initial consultation and advice: $295 (fixed fee)
• Representation at mention hearing: $1,500-$2,500
• Contested hearing preparation and representation: $3,000-$6,000
• Urgent after-hours advice: Available 24/7 through our hotline

Timeframes with legal help: Most matters resolve within 6-8 weeks. Emergency interim orders can be obtained within 24 hours. Variation applications typically take 2-4 weeks to resolve.

The cost of not having legal representation is enormous - losing access to your home, children, and potentially facing criminal charges for breaches. Call 1300 636 846 now to discuss fixed-fee representation options.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended and obtained Family Violence Orders across Tasmania for over 13 years. Our 800+ lawyers nationally include specialists who appear in the Magistrates Courts in Hobart, Launceston, Devonport, and Burnie weekly.

We understand the local magistrates, know what evidence is persuasive, and can often negotiate outcomes that protect everyone involved. Our Tasmania lawyers have successfully varied impossible conditions, defended contested hearings, and obtained urgent protection orders outside court hours.

Why choose us for restraining order matters:

• Available 24/7 on 1300 636 846 for urgent family violence situations
• Fixed-fee consultation - know your costs upfront
• 4.5-star rating from 780+ client reviews
• Lawyers appearing in Tasmania courts daily since 2010
• Emergency applications and after-hours court appearances available
• Payment plans available for ongoing representation

Family violence situations change rapidly. Orders can be granted, varied, or breached within hours. Don't navigate Tasmania's complex family violence laws alone when your safety, home, and access to children are at stake.

Call 1300 636 846 now or book online at gotocourt.com.au/book. Our Tasmania restraining order lawyers are standing by to provide immediate advice and representation. Time is critical in these matters - act now to protect your interests.