Understanding the difference between a restraining order vs DVO is important if you are worried about your safety. While both are court orders that stop someone from causing harm, they are not the same.
A restraining order is used in disputes that are not about family violence, while a Domestic Violence Order (DVO) is specific to family or intimate partner relationships. Knowing how a restraining order vs DVO works helps you choose the right protection for your situation.
What Is the Difference Between a Restraining Order vs DVO in Australia?
A restraining order vs DVO comparison shows clear differences in purpose and scope.
A restraining order is a civil order. It usually applies when there are problems between people who are not family members. This could include neighbours, colleagues, or even former friends. Its goal is to stop harassment, threats, or intimidation.
A DVO, by contrast, is only used for family and domestic violence situations. It is designed to protect people from a partner, ex-partner, or family member who is violent, abusive, or controlling.
When you weigh up a restraining order vs DVO, the key difference is that restraining orders deal with general disputes, while DVOs focus on family violence cases.
When Should You Apply for a Restraining Order vs DVO for Safety?
The decision to apply for a restraining order vs DVO depends on the nature of the risk and your relationship with the other person.
You might apply for a restraining order if you are being harassed by a neighbour who constantly threatens you, or a co-worker who keeps showing unwanted attention. Because the issue is not about family violence, a restraining order is the appropriate option.
You would apply for a DVO if the threat comes from someone you are, or were, in a family or intimate relationship with. For example, if an ex-partner is violent, stalks you, or tries to control you, a DVO can restrict their behaviour and provide stronger protections.
So when comparing a restraining order vs DVO, your choice depends on whether the threat comes from outside the family setting or from within it.
How Do Courts Decide on Applications for a Restraining Order vs DVO?
Courts treat applications for a restraining order vs DVO differently because the risks they address are not the same.
For restraining orders, courts look at whether harassment or threatening behaviour has already happened and if it is likely to continue. The main test is whether granting the order is reasonable to protect a person’s safety or peace of mind.
For DVOs, courts must decide if domestic or family violence has occurred, or if there is a strong chance it might happen again. The court can consider police records, witness evidence, or behaviour patterns that point to controlling or abusive conduct.
This means that when courts assess a restraining order vs DVO, they use different legal tests depending on whether the problem is a civil dispute or a family violence matter.
What Protections Can You Expect From a Restraining Order vs DVO?
The conditions you get from a restraining order vs DVO are not identical.
A restraining order might stop the other person from contacting you, coming near your home, or approaching your workplace. It is meant to reduce harassment or intimidation in general disputes.
A DVO often includes stricter protections because family violence can involve more serious risks. A DVO may prevent the person from living with you, seeing children, or possessing weapons. It can also address emotional or psychological abuse, not just physical harm.
So, in comparing a restraining order vs DVO, restraining orders usually have simpler conditions, while DVOs can cover a wider range of harmful behaviours linked to family violence.
Do You Need a Lawyer to Apply for a Restraining Order vs DVO?
You do not always need a lawyer for either a restraining order vs DVO, but professional help can make the process clearer and less stressful.
Applying for a restraining order often involves completing forms and presenting evidence about harassment or threats. While you can do this yourself, a lawyer can help explain what evidence is most useful.
Applying for a DVO can sometimes be more complex, especially if children are involved or if there are police already involved in the case. A lawyer can guide you on what to expect in court, how to prepare, and what conditions may be suitable for your protection.
When comparing a restraining order vs DVO, the role of a lawyer is the same: to help you understand which order applies to your situation and to support you through the court process.
Staying Safe Through the Right Legal Option
Understanding a restraining order vs DVO means recognising they are different tools for different problems. A restraining order deals with harassment or threats from someone outside the family setting, while a DVO is used when the danger comes from within family or domestic relationships.
Knowing the difference helps people choose the right protection and take steps to feel safe.
Need Clarity on Your Legal Protection Options?
Are you unsure whether a restraining order vs DVO is right for your situation? At Collective Family Law Group, we help people understand their legal choices and the protections available to them.
Our team has experience in both restraining orders and domestic violence matters, and we are here to support you with clarity and care. If you feel unsafe or uncertain about what type of order applies to you, contact us today to discuss your situation.
Taking that step could give you the peace of mind you need to move forward.
