Family Violence Order Against You in Tasmania - Defend Your Rights Now

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

A Family Violence Order (FVO) in Tasmania is a serious legal intervention that can immediately restrict your movements, contact with family members, and access to your home. Under Tasmania's Family Violence Act 2004, these orders carry criminal penalties for breaches and can affect your employment, firearms licence, and family court proceedings. If police have served you with an interim order or you're facing a private application, you have limited time to respond and contest the allegations before the order becomes permanent.

The Magistrates Court will hear your case within 14-28 days of the interim order being issued. Every day you wait reduces your options for building an effective defence and gathering supporting evidence.

Do You Need a Lawyer?

Yes, you absolutely need legal representation when facing a Family Violence Order in Tasmania. The consequences extend far beyond the immediate restrictions - a permanent FVO creates a criminal record that appears on police checks, can cost you your job if you work in security, healthcare, or education, and significantly impacts any Family Court proceedings involving children.

Without a lawyer, you're navigating complex evidence rules, cross-examining the applicant, and presenting your case against an experienced police prosecutor or the applicant's lawyer. Our lawyers have seen unrepresented respondents inadvertently admit to allegations while trying to explain their side, or fail to challenge inadmissible evidence that convinces the magistrate.

A skilled family violence lawyer can challenge the evidence, present alternative explanations for alleged incidents, call character witnesses, and negotiate conditions that allow you to maintain employment and family relationships. The difference between a contested hearing with proper representation and going alone often determines whether you live with these restrictions for years or have them dismissed entirely.

What Happens Next - The Process

1. Interim Order Served - Police serve you with papers requiring immediate compliance with conditions like staying away from your home or having no contact with family members. This happens immediately, often at 2am when police respond to a call.
2. Court Mention (7-14 days) - You must appear at the Magistrates Court of Tasmania on the date specified. This is usually at Hobart, Launceston, Devonport, or Burnie Magistrates Court depending on where you live.
3. Interim Order Extended (if contested) - If you indicate you'll contest the application, the magistrate typically extends the interim order for another 14-28 days to allow both sides to prepare evidence.
4. Contested Hearing - Full court hearing where the applicant must prove on the balance of probabilities that you committed family violence and are likely to do so again. You can cross-examine witnesses and present your own evidence.
5. Decision and Final Order - The magistrate either dismisses the application, makes a final FVO with specific conditions, or makes an undertaking. Final orders typically last 12-24 months but can be longer.
6. Appeal Period - You have 28 days to appeal a magistrate's decision to the Supreme Court of Tasmania if there are grounds for appeal.

Missing any court date results in the magistrate making a final order in your absence based solely on the applicant's evidence.

The Law in Tasmania

Tasmania's Family Violence Act 2004 defines family violence broadly to include physical assault, threats, intimidation, emotional abuse, economic abuse, and stalking between family members or people in intimate relationships. The Act covers current and former spouses, de facto partners, relatives, and people who have lived together.

Under Section 15, the Magistrates Court can make a Family Violence Order if satisfied that family violence has been committed and is likely to be committed again. The test is "balance of probabilities" - meaning more likely than not, which is easier to prove than the criminal standard of "beyond reasonable doubt".

Breaching a Family Violence Order is a criminal offence under Section 35A carrying maximum penalties of:

• First breach: Fine up to $7,800 or 18 months imprisonment
• Subsequent breach: Fine up to $15,600 or 2 years imprisonment
• Breach involving violence or threats: Up to 5 years imprisonment

The Criminal Code Act 1924 (Tas) creates additional offences for assault, threats, and property damage that often accompany Family Violence Order breaches, potentially leading to concurrent sentences.

Police have powers under Section 14 to apply for orders without the victim's consent, and can arrest without warrant if they reasonably suspect a breach has occurred.

Mistakes to Avoid

1. Admitting to "minor" incidents while denying serious allegations. We regularly see respondents tell magistrates they "may have raised their voice" or "grabbed their arm to stop them leaving" while denying hitting or threatening. These admissions often satisfy the legal test for family violence and emotional abuse, leading to orders being made even when serious allegations are dismissed.

2. Bringing character witnesses who know nothing about your relationship. Your boss's testimony about your good work performance means nothing if they've never seen you interact with family members. Effective character evidence comes from neighbours who witnessed arguments, family friends who observed your relationship dynamics, or people who were present during alleged incidents.

3. Focusing on the applicant's behaviour instead of disproving the allegations. Magistrates don't care that your ex-partner was also aggressive, had affairs, or makes false allegations generally. The only question is whether you committed the specific acts alleged. Attacking the applicant's character often backfires and makes you look vindictive.

4. Agreeing to "consent orders" or undertakings without understanding the consequences. Police prosecutors often suggest these "compromise" options that avoid contested hearings. However, consent orders still create criminal records, affect family court proceedings, and carry the same breach penalties as contested orders.

5. Breaching interim orders while waiting for the hearing. We've seen strong defences destroyed because respondents sent "happy birthday" texts to children, drove past the family home, or contacted the applicant through third parties. Any contact, no matter how innocent, becomes evidence of your willingness to breach court orders.

Likely Outcomes and Costs

With experienced legal representation, approximately 30-40% of contested Family Violence Orders are dismissed entirely, while another 30% result in significantly reduced conditions that allow you to maintain work and family relationships. Common successful outcomes include:

• Complete dismissal where evidence doesn't meet legal thresholds
• Orders limited to "no violence or threats" without exclusion zones
• Supervised contact provisions allowing you to see children
• Workplace exemptions allowing you to continue employment
• Shorter duration orders (6-12 months instead of 2+ years)

Without legal representation, over 80% of respondents either consent to orders or have them made after ineffective contests, typically with the harshest conditions requested.

Legal costs typically range from $3,500-$8,000 for contested matters, depending on complexity and hearing length. This includes initial consultation, preparation, negotiations, and full representation at hearing. Emergency interim order advice starts at $295 for initial consultation.

Compare this to the long-term costs of a permanent order: job loss in security, healthcare, or education sectors (average $50,000+ annually), legal costs for family court proceedings ($15,000-$50,000), firearms licence loss ($2,000+ replacement costs), and potential relocation expenses if excluded from your home.

Most contested hearings conclude within 2-3 months of initial service, while consent outcomes can be negotiated within 2-4 weeks.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates in Tasmania with experienced family violence lawyers who appear regularly in Hobart, Launceston, Devonport, and Burnie Magistrates Courts. Our 800+ lawyers nationally handle Family Violence Orders daily, with a proven track record of successful defences and negotiated outcomes.

We provide immediate assistance including:

• 24/7 emergency legal advice on 1300 636 846 when police serve interim orders
• Fixed $295 initial consultations to assess your case and options
• Urgent applications to vary interim order conditions affecting work or children
• Evidence gathering including witness statements, medical records, and phone/text analysis
• Expert cross-examination of applicants and police witnesses
• Strategic negotiations with police prosecutors and private lawyers
• Appeals to Supreme Court where magistrates make errors of law

Our Tasmania family violence team understands the intersection with Family Court proceedings - how FVOs affect parenting orders, property settlements, and relocation applications. We coordinate with our family law specialists to protect your long-term interests across both jurisdictions.

With 4.5 stars from 780 reviews, our track record speaks for itself. We've successfully defended hundreds of Family Violence Order applications across Australia, from complete dismissals to negotiated outcomes that preserve employment and family relationships.

Time is critical - interim orders severely limit your options, and evidence disappears quickly. Call 1300 636 846 now for immediate legal advice, book online at gotocourt.com.au/book for urgent consultation, or request emergency assistance if you're facing imminent court dates. Your reputation, career, and family relationships depend on acting now.