Family Violence Order Tasmania: How FVOs Work and What They Mean for Custody
Family Violence Order in Tasmania: What It Is and How It Affects Custody
A Family Violence Order (FVO) in Tasmania is a civil protection order issued by the Magistrates Court under the Family Violence Act 2004 (Tas). It restricts a person's behaviour — prohibiting contact, setting distance requirements, or excluding them from a shared home — to protect a family member from violence, threats, intimidation, or coercive control.
If you are separating and there is a history of family violence, understanding how FVOs work alongside federal parenting orders is critical. The two systems operate in parallel, and they do not always align.
Who Can Apply for an FVO
Any person who is affected by family violence from a family member can apply. Under the Family Violence Act 2004, "family member" covers:
- Spouses and de facto partners (current or former)
- Parents of a child in common
- People in intimate personal relationships
- Relatives (by blood, marriage, or de facto relationship)
- People who ordinarily reside in the same household
Applications are made to the Magistrates Court of Tasmania. There is no filing fee.
A police officer can also apply on behalf of an affected person, and in urgent situations, police can issue a Police Family Violence Order (PFVO) on the spot. A PFVO takes effect immediately and remains in force until a court hearing — typically within 72 hours.
What an FVO Can Include
The Magistrates Court tailors FVO conditions to the specific circumstances. Common conditions include:
- No contact — the respondent must not contact the affected person by any means (phone, text, email, social media, or through a third party)
- Distance restriction — the respondent must not approach within a specified distance of the affected person's home, workplace, or children's school
- Exclusion from the home — the respondent must leave and stay away from a shared residence, even if they are on the lease or title
- No damage to property — the respondent must not damage, destroy, or interfere with the affected person's belongings
- Firearms surrender — the respondent must surrender any firearms and licence
An interim FVO can be made immediately (including without the respondent being present) if the magistrate is satisfied there is an immediate risk. A final FVO is made after a hearing where both parties can present evidence.
Breaching an FVO is a criminal offence carrying a maximum penalty of imprisonment.
How FVOs Interact with Federal Parenting Orders
This is where the system gets complicated. FVOs are state orders issued under Tasmanian law. Parenting orders are federal orders issued by the Federal Circuit and Family Court of Australia (FCFCOA) under the Family Law Act 1975 (Cth). Under the Australian Constitution, federal law overrides inconsistent state law.
In practice, this means:
- A parenting order that requires a parent to collect children from the other parent's home overrides an FVO condition that prohibits them from attending that address — but only for the specific purpose of the child handover
- The parent must comply with the FVO in every other respect (no lingering, no communication beyond handover logistics, no entry into the home)
- If the parent uses the handover as an opportunity to harass, threaten, or intimidate, they commit a criminal breach of the FVO despite the parenting order
The Section 68R Safety Valve
Section 68R of the Family Law Act 1975 gives Tasmanian magistrates the power to modify, suspend, or revive a federal parenting order when making or varying an FVO. If a magistrate determines that existing parenting arrangements expose a parent or child to unacceptable risk, they can suspend the parenting time provisions until the FCFCOA reviews the matter.
Any section 68R modification must be documented in writing and sent to the FCFCOA registry so the federal file is updated.
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What This Means for Custody Proceedings
If you apply for parenting orders while an FVO is in place (or if you need an FVO during custody proceedings), several things change:
Mediation exemption. You are exempt from mandatory Family Dispute Resolution (the Section 60I certificate requirement) if there are reasonable grounds to believe family violence has occurred or is at risk. You can file directly with the FCFCOA without attending mediation first.
Lighthouse Project screening. When a parenting application is filed at the Hobart or Launceston registry, both parties are invited to complete the Family DOORS Triage screen — a confidential online questionnaire that screens for family violence, coercive control, and child safety risks. High-risk cases are placed on the Evatt List for priority case management.
Safety as the primary factor. Under the May 2024 family law reforms, safety (protection from family violence, abuse, and neglect) is now the first and primary factor in the best interests checklist under section 60CC. The court's starting point is whether the proposed arrangements are safe for the child and the parent providing care.
Supervised time. Where family violence is established, the court may order supervised parenting time at a contact centre rather than unsupervised handovers. In Tasmania, supervised contact services are available through Relationships Australia and other accredited providers.
Getting Help in Tasmania
- Safe at Home — Tasmania's integrated family violence response. Phone: 1800 633 937 (24/7)
- Tasmania Legal Aid — free legal advice and duty lawyer services for FVO applications. Offices in Hobart, Launceston, Devonport, and Burnie
- Women's Legal Service Tasmania — free legal advice for women experiencing family violence. Phone: 1800 682 468
- 1800RESPECT — national family violence counselling and support line. Phone: 1800 737 732
If you are navigating custody arrangements in Tasmania where family violence is a factor, the Tasmania Child Custody & Parenting Plan Guide covers FVO interactions, mediation exemptions, and safety-focused parenting schedule options in detail.
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