FVO and PPO in the ACT: Family Violence Orders, Breach Penalties and Firearms

In the Australian Capital Territory, a Family Violence Order (FVO) protects people in a family relationship and a Personal Protection Order (PPO) protects everyone else, and breaching either order carries an identical maximum of 500 penalty units (currently $80,000) or imprisonment for 5 years, or both.

If you are in immediate danger, call 000. For confidential domestic, family or sexual violence counselling and support, call 1800RESPECT on 1800 737 732, available 24 hours a day, every day.

What the ACT Calls These Orders

The Australian Capital Territory replaced its earlier Domestic Violence and Protection Orders Act 2008 with two new Acts that both commenced on 1 May 2017, confirmed independently from each Act's own legislation history endnote: the Family Violence Act 2016 for people in a family relationship, and the Personal Violence Act 2016 for everyone else. The ACT does not use "AVO" or "DVO" as its own terms, though people searching from other states sometimes type "AVO" out of habit. For how this compares with other states and territories, see the Australia AVO and protection order overview.

Family Violence Orders (FVO)

Both Acts apply a general balance-of-probabilities standard for anything a court or judicial officer must be satisfied of, under section 13. We confirmed that general standard applies, but did not independently pull the body text of the FVO-specific grounds provision, section 34, so the precise wording of the FVO grounds test should be treated as not yet independently verified beyond the general balance-of-probabilities standard.

The affected person, a police officer, or a litigation guardian or other person with a right to apply may apply for an FVO, under section 16. After-hours orders can only be applied for by a police officer, under section 16's note and section 99.

Interim orders, including a distinct category of "special" interim orders, are available across sections 20 to 33A before a final hearing. A notable provision, section 33A, lets a respondent consent to an interim order becoming final without a full contested hearing.

A final FVO runs for 2 years by default under section 35, regardless of whether the order itself states a period, unless a shorter period is stated (section 35(1)(b)) or the court finds special or exceptional circumstances justifying a longer one (section 35(1)(c)). Even under the exceptional-circumstances path, a consent final order is capped at 2 years (section 35(2)). The court can extend an order under section 86, and must do so unless satisfied the order is no longer necessary; amendment is handled under Part 5, sections 82 to 84.

Breaching an FVO

Section 43(2) sets the maximum at 500 penalty units, imprisonment for 5 years, or both, currently $80,000 for an individual at the ACT's current rate of $160 per penalty unit. The offence applies to conduct both inside and outside the ACT (section 43(3)). A protected person who colludes in a breach is expressly excluded from complicity liability (section 43(4)).

Firearms consequences are set out directly in the Act rather than left to a cross-reference. Section 44 provides that an interim or after-hours order suspends a respondent's existing firearms licence, and a final order cancels it (section 44(1)-(2)); the court or judicial officer may also order seizure of the licence and any firearm or ammunition in the respondent's possession (section 44(3)). A separate provision, section 128, addresses interstate firearms disqualifications flowing from a recognised FVO. See firearms licensing across Australia for how a suspension or cancellation plays out nationally.

Personal Protection Orders (PPO)

The Personal Violence Act 2016 is structured almost identically to the Family Violence Act, with the same drafting template and an offset section-numbering pattern. It creates a Personal Protection Order for people outside a family relationship, plus a genuinely distinctive second order: a workplace protection order under section 13, which lets an employer apply on behalf of an affected employee. We did not find an equivalent order in any other Australian jurisdiction researched for this cluster. We could not confirm from the primary text whether a workplace protection order follows the same 12-month default length as an ordinary PPO, so its duration should be treated as an open question rather than an assumed match.

The affected person, a police officer, or a litigation guardian or other person with a right to apply may apply, broadly mirroring the FVO structure (section 12; its note on substituting a police-initiated applicant cross-refers to section 65, and a separate note on the child-respondent age limit cross-refers to section 69); a police officer can act as a substitute applicant under section 65. A defendant cannot be a child under 14, younger than the Northern Territory's PVRO threshold of 15 (see DVO and PVRO in the Northern Territory for comparison).

A PPO defaults to 12 months under section 27, noticeably shorter than an FVO's 2-year default, subject to the same kind of shorter-period or special-circumstances exceptions.

Breaching a PPO

Section 35 sets the maximum at 500 penalty units, imprisonment for 5 years, or both, currently $80,000 for an individual, the identical ceiling to an FVO breach. This is a genuine outlier: most other Australian jurisdictions set a materially lower maximum for their personal, non-domestic order than for their domestic one. Publishing a protected person's identifying details in breach of a non-publication condition carries its own separate, lower penalty tier elsewhere in the Act, mirroring the FVA's pattern.

The Personal Violence Act mirrors the FVO's firearms consequences at sections 36 to 38: an interim order suspends an existing firearms licence, a final order cancels it, and the court may order seizure of the licence and any firearms or ammunition. The one difference is that the Magistrates Court may order that a PPO respondent's licence is not suspended or cancelled, either on the parties' consent in a consent order or where the court is otherwise satisfied, a discretionary opt-out the Family Violence Act does not appear to contain.

Family Law and Evidence Alongside a Protection Order

An FVO or PPO application often runs alongside other family matters. Parenting arrangements are handled separately through family law; see parenting orders in Australia and how the family court process works. Where the relationship involved a de facto partner, de facto relationship recognition in Australia explains how that status is assessed. If you are weighing whether to record an abuser as evidence, ACT surveillance-devices law still governs what you can lawfully record; see Australia's recording laws by state and territory for the caveat.

Interstate Recognition (NDVOS)

Under the National Domestic Violence Order Scheme, an FVO made anywhere in Australia from 25 November 2017 onward is automatically recognised and enforceable in every other state and territory, with no extra paperwork. An FVO made before that date is not automatically covered; it can be declared a nationally recognised order at any local court in Australia. A PPO, including a workplace protection order, is a personal, non-domestic order and is not covered by the scheme; to enforce one outside the ACT, it must be separately registered in the state or territory where you need it enforced.

Frequently Asked Questions

What is the difference between an FVO and a PPO in the ACT?

A Family Violence Order (FVO) applies where the two people are in a family relationship, under the Family Violence Act 2016. A Personal Protection Order (PPO) applies where they are not, under the Personal Violence Act 2016, which also allows a distinct workplace protection order that an employer can apply for on behalf of an employee. The two main order types share the same maximum breach penalty but have different default durations.

How much can I be fined for breaching an FVO or PPO in the ACT?

Both offences carry a maximum of 500 penalty units, imprisonment for 5 years, or both. At the ACT's current rate of $160 per penalty unit for an individual, 500 penalty units currently converts to $80,000.

Why does the ACT's non-domestic order carry the same penalty as its domestic order?

Unlike most other Australian jurisdictions, which set a lower breach-penalty ceiling for a personal, non-domestic order than for a domestic one, the ACT applies the identical 500 penalty unit and 5-year maximum to both a Family Violence Order and a Personal Protection Order. Sections 43(2) and 35 of the two Acts set out the same figures.

Can my employer get a protection order for me in the ACT?

Yes. The Personal Violence Act 2016 lets an employer apply for a workplace protection order on behalf of an affected employee, under section 13. We could not confirm from the primary text whether a workplace protection order runs for the same 12-month default length as an ordinary Personal Protection Order.

Does an ACT protection order affect my firearms licence?

Yes, for both order types. Under section 44 of the Family Violence Act, an interim or after-hours order suspends an existing firearms licence and a final order cancels it, with the court able to order seizure. The Personal Violence Act mirrors this for a Personal Protection Order at sections 36 to 38, though the Magistrates Court there may order that the suspension or cancellation not apply.

Will my ACT order be recognised in other states?

An FVO made on or after 25 November 2017 is automatically enforceable across Australia under the National Domestic Violence Order Scheme. A PPO, including a workplace protection order, is a personal, non-domestic order and is not automatically recognised; it must be separately registered in the state or territory where you need it enforced.