A Police Family Violence Order (PFVO) is an order issued by police—not a court—that can immediately prohibit you from returning home, contacting your partner, or approaching certain people and places, with breach penalties ranging from 12 months to 5 years imprisonment depending on prior offences. If you disagree with a PFVO, you can apply to the Magistrates Court to have it varied or revoked, though you must comply with all conditions until any court order is made.
If police have recently issued you with a Police Family Violence Order (PFVO), you're likely facing immediate disruption to your life. You may have been told you cannot return home, contact your partner, or see your children except under strict conditions. This can be confusing, frightening, and feel deeply unjust—particularly if you believe the allegations against you are exaggerated or untrue.
This guide explains what PFVOs are, how they work, the serious consequences of breaching them, and what options you have to challenge or vary them. Understanding your legal position is the first step toward protecting your rights.
Important Disclaimer: This article provides general information about Tasmanian law as at February 2026. It is not legal advice. Every situation is unique, and the application of the law depends on your specific circumstances. You should seek independent legal advice from a qualified lawyer before making any decisions.
A Police Family Violence Order is an order made by police—not by a court—that imposes conditions on a person who police believe has committed, or is likely to commit, family violence. PFVOs are governed by section 14 of the Family Violence Act 2004 (Tas).
Unlike a Family Violence Order (FVO), which is made by a Magistrate after a court hearing, a PFVO can be issued on the spot by a police officer. This means the order takes effect immediately, sometimes before you have any opportunity to tell your side of the story.
The power to issue a PFVO lies with police officers of the rank of sergeant or above, or officers specifically authorised by the Commissioner of Police. A PFVO can be issued if the officer is satisfied that a person "has committed, or is likely to commit, a family violence offence" (s14(1)).
Before examining PFVOs in detail, it's important to understand what constitutes a "family violence offence." Under the Family Violence Act 2004, family violence includes a broad range of conduct committed against a person's spouse or partner (including former spouses and partners). Section 7 of the Act defines family violence to include:
This list is not exhaustive. The definition captures a wide range of behaviour, and importantly, it extends beyond physical violence. A PFVO can be issued for conduct that would not necessarily result in criminal charges, provided police are satisfied that family violence has occurred or is likely to occur.
A PFVO can include any conditions police consider necessary to prevent family violence. Section 14(3) of the Act sets out common conditions, including requirements to:
Vacate premises — You may be required to leave your home, even if you own the property or are named on the lease. Having a legal or equitable interest in the premises does not prevent police from requiring you to leave.
Not enter premises — You may be prohibited from entering certain locations entirely, or only permitted to enter under specific conditions.
Surrender firearms or weapons — If you possess firearms or other weapons, you may be required to surrender them. Importantly, a PFVO automatically suspends any firearm licence you hold and prohibits you from applying for one while the order is in force (s14(15)).
Refrain from contact — You may be prohibited from harassing, threatening, verbally abusing or assaulting the affected person, any affected child, or other persons named in the order.
Maintain distance — You may be prohibited from approaching within a specified distance of the affected person, affected children, named individuals, or certain premises.
No direct or indirect contact — You may be prohibited from contacting the affected person or others directly or indirectly. This includes contact through third parties, social media, text messages, or any other means. "Indirect contact" is interpreted broadly.
Other conditions — Police can impose any other condition they consider necessary to prevent conduct that constitutes or may constitute family violence.
The conditions imposed will depend on the circumstances, but they are often far-reaching. Many people are shocked to discover they cannot return to their own home, retrieve essential belongings, or have any contact with their partner—sometimes for months.
Unless it is sooner revoked, varied or extended, a PFVO operates from the date of service for such period as is specified in the order, up to a maximum of 12 months (s14(6)).
A PFVO is automatically revoked if a court issues an FVO or interim FVO in respect of the same parties (s14(8)).
Contravening a PFVO is a criminal offence under section 35 of the Family Violence Act 2004. This is one of the most important things to understand: even if you believe the order is unfair or the allegations against you are false, breaching the order is a serious criminal matter with significant penalties.
The penalties for contravening a PFVO, FVO or interim FVO range from a fine not exceeding 20 penalty units or a term of imprisonment not exceeding 12 months in the case of a first offence through to a maximum term of imprisonment of five years for a fourth or subsequent offence.
For the purpose of counting prior offences, any previous contravention of an FVO, PFVO or interim FVO is counted—regardless of whether the order was made for the protection of the same affected person (s35(2)).
A breach occurs when you fail to comply with any condition of the order. Common examples include:
It is important to understand that you can breach an order even if the affected person invites or encourages contact. The order binds you, not them. If your partner asks you to come home and you do so while a PFVO prohibits this, you have committed an offence. The affected person's consent is not a defence.
The escalating penalty structure demonstrates how seriously Tasmanian law treats repeat breaches. By the fourth offence, you face up to five years' imprisonment—a penalty that reflects the gravity with which the justice system views ongoing non-compliance. If you have been charged with breaching a PFVO, you should seek legal advice immediately.
Being subject to a PFVO does not mean you are without options. The Family Violence Act 2004 provides mechanisms for challenging or modifying orders. However, these processes take time, and until an order is formally varied or revoked by a court, you must comply with its conditions.
A police officer of the rank of inspector or above may vary a PFVO, but only if:
In practice, this pathway is relatively limited. If the affected person does not consent to a variation—or if police consider any change would affect safety—police will not vary the order administratively.
Under section 14(9), a court may vary, extend or revoke a PFVO on application by:
This is the primary mechanism for challenging a PFVO. You can apply to the Magistrates Court for the order to be varied (to change its conditions) or revoked (to have it cancelled entirely).
Important limitation: If you have previously applied to have a PFVO varied or revoked and that application was dismissed, any subsequent application can only be made with leave of the court. The court will not grant leave unless satisfied that there has been a "substantial change in the relevant circumstances" since the order was made (s14(10) and (11)).
When you apply to vary or revoke a PFVO, the matter will be listed for hearing before a Magistrate. At the hearing:
In determining your application, the court may make any order which may be made under Part 4 of the Act (s14(12)). This includes making an interim FVO or a full FVO if the court considers it appropriate.
If a PFVO is varied or extended by a court, it is taken to be an FVO from that point forward (s14(13)).
If you apply to vary or revoke a PFVO, or if police make an application for a full FVO, the court may make an interim FVO at any stage during the proceedings (s14(9A) and s23).
An interim FVO is a temporary order that remains in place until the matter is finally determined or until a date ordered by the court. Interim FVOs can be made, varied or extended even in your absence (s23(4)).
The conditions of an interim FVO may be the same as or different from the original PFVO. You should be prepared for the possibility that protective conditions will remain in place throughout the court process, which can take weeks or months.
If you have been ordered to vacate your home, you may need to retrieve essential items such as clothing, medications, work equipment or identity documents. In many cases, police will facilitate a supervised collection of belongings. If this was not arranged at the time the PFVO was issued, you can contact police to request it.
Do not return to the premises without police assistance if the order prohibits you from being there. Doing so—even briefly, even to collect essential items—may constitute a breach.
If you have children with the affected person, a PFVO can significantly impact your ability to see them. The order may prohibit contact with children named in the order, or it may restrict where and how you can spend time with them.
It's important to note that a PFVO operates subject to any existing Family Court order (s33). If there is a pre-existing parenting order granting you time with your children, the PFVO must be read in light of that order. However, the interaction between state family violence orders and federal family law orders can be complex. If you have existing parenting arrangements, you should seek legal advice about how the PFVO affects them.
As noted above, a PFVO automatically suspends any firearm licence and prohibits you from applying for or being granted any such licence while the order is in force (s14(15)). If you hold a firearm licence for work (for example, as a farmer, security officer, or in certain trades), this can have immediate practical consequences for your employment.
If you intend to apply to vary or revoke a PFVO, preparation is essential. The court will need to be satisfied that the variation or revocation is appropriate in the circumstances.
Depending on your circumstances, relevant evidence might include:
The court must consider the safety and interests of the affected person and any affected child to be of paramount importance (s18(1)). Even if you can demonstrate hardship caused by the order, the court will prioritise safety concerns.
The Magistrate will weigh your evidence against the risk that family violence may occur or recur. A track record of compliance with the existing order, engagement with counselling or other support services, and evidence of changed circumstances may all be relevant.
Being served with a PFVO is a serious matter with immediate and potentially long-lasting consequences. Whether you are seeking to vary or revoke an order, or you have been charged with breaching one, understanding your legal position is critical.
At Oxley Barristers & Solicitors, we regularly assist clients facing family violence orders. We can advise you on your eligibility to apply for variation or revocation, help you prepare your application and supporting evidence, and represent you at court hearings. We also defend clients charged with breaching PFVOs and FVOs.
If you have been served with a Police Family Violence Order or are facing related charges, please contact us for a confidential discussion about your situation.
This article is intended as general information only. It is not legal advice. Laws and procedures may change. Always seek advice specific to your circumstances from a qualified legal practitioner.
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