Affected persons and affected children. The primary beneficiaries of the Act's protective mechanisms. Either may seek an FVO, and police must consider their safety when issuing PFVOs.

Respondents. Persons against whom PFVOs or FVOs are made. They are subject to the conditions of the orders and can face criminal charges for contravening them.

Police officers. Section 14 confers the power to issue PFVOs on officers of sergeant rank or above, or those authorised by the Commissioner. Section 10 confers powers to enter premises without warrant to prevent family violence and to arrest persons to facilitate the issue of a PFVO. Officers must serve PFVOs and send copies to the Chief Clerk of Petty Sessions.

The Magistrates Court. The court that makes FVOs, interim FVOs, and hears applications for extension, variation, or revocation of PFVOs and FVOs.

People charged with economic or emotional abuse. Sections 8 and 9 create criminal offences that can be prosecuted independently of the protective order regime.

Police duty to consider protective orders. When police attend a family violence incident, the Act's paramount principle in section 3 obligates them to prioritise the safety of affected persons and children. This informs the exercise of the PFVO-issuing power and the power of entry.

Service of PFVO. Under section 14(2), a PFVO must be served on the person to whom it is issued and a copy sent to the Chief Clerk of Petty Sessions. The order takes effect on service, not on issue.

Compliance with PFVO and FVO conditions. The respondent must comply with all conditions of a PFVO or FVO. Contravention is itself a category of family violence under section 7(b)(iii) and constitutes a criminal offence.

Limits on cross-examination. The Act contains provisions (section 31) restricting direct cross-examination of complainants by self-represented respondents in certain circumstances, protecting affected persons during hearings.

Police entry powers (section 10). A police officer may enter premises without warrant using such force as necessary to prevent family violence, at the request of a resident, if the officer reasonably suspects family violence is occurring or has recently occurred, or to serve a PFVO. Section 10 also authorises police to enter to search for and seize firearms if a person is suspected of possessing one and is likely to commit family violence.

PFVO conditions (section 14(3)). A PFVO may require the respondent to: vacate premises (regardless of ownership or legal interest); not enter specified premises; surrender firearms; refrain from approaching affected persons within a specified distance; refrain from contact; and comply with other conditions the issuing officer considers necessary. Section 14(15) expressly suspends any existing firearms licence for the duration of a PFVO.

FVO conditions (section 16 and following). The court has broad discretion over FVO conditions. An FVO may exclude the respondent from the shared home, prohibit contact, impose non-approach conditions, and include any other protective condition. The court may make a further FVO where circumstances change.

Extending PFVOs. Under section 14 (subsection 11), a court considering an application for variation or extension must not grant leave unless satisfied there has been a substantial change in relevant circumstances. A PFVO extended by the court is taken to be an FVO (section 14(13)).

Bail in FVO proceedings. Section 25A limits the period for which a respondent to an FVO application may be held in custody for bail purposes to 60 days.

In absentia proceedings. Section 31(7) allows the court to proceed in the absence of a respondent where a sealed copy of the application has been served or reasonable attempts made to serve it. The court may in those circumstances make the FVO sought or issue an arrest warrant.

Economic abuse (section 8). A person who pursues a course of conduct to unreasonably control or intimidate their spouse or partner or cause mental harm, apprehension, or fear through financial means (coercing relinquishment of assets, disposing of jointly-owned property without consent, preventing access to financial assets, withholding financial support) is guilty of an offence. Maximum penalty: 40 penalty units or 2 years imprisonment.

Emotional abuse or intimidation (section 9). A person must not pursue a course of conduct they know, or ought to know, is likely to have the effect of unreasonably controlling or intimidating, or causing mental harm, apprehension, or fear in, their spouse or partner. Maximum penalty: 40 penalty units or 2 years imprisonment.

Limitation period. Under section 9A (inserted 2015), a complaint for a section 8 or section 9 offence must be made within 12 months of the last action constituting the course of conduct.

Contravention of PFVO or FVO. Contravening a PFVO or FVO is a criminal offence (as well as constituting family violence under section 7(b)(iii)). Penalties for contravention are set by the criminal law provisions applicable to such orders.

Issuing a PFVO. A police officer of sergeant rank or above may issue a PFVO immediately on being satisfied of the threshold. No court application or prior notice to the respondent is required. The PFVO takes effect on service.

Duration of PFVO. A PFVO operates for a specified period set by the issuing officer. It may be varied, extended, or revoked by a court under section 14.

Applying for an FVO (section 15). An application for an FVO may be made by the affected person, a police officer, or an authorised third party. The application must be in the form approved by the Chief Magistrate (section 30).

Court hearings. Applications under Part 3 (police order proceedings) and Part 4 (FVOs) are heard in open court in the same manner as complaints for simple offences (section 31), unless the court orders otherwise.

Interim FVO (section 23). A court may make an interim FVO before a full hearing if a PFVO has been made and the court considers it necessary for the affected person's protection. An interim FVO operates until the hearing is completed or the interim order is revoked.

Registering external orders (section 26). A person may apply to the Clerk of Petty Sessions for registration of an external family violence order. The application must include a copy of the order and evidence of service.

Domestic Violence Orders (National Recognition) Act 2016 (Tas). The national recognition scheme gives effect to interstate family violence orders in Tasmania without the need for registration. Section 14(1) of the Family Violence Act is expressly subject to section 14(2) of the national recognition Act, meaning PFVOs must be issued consistently with the national scheme.

Relationships Act 2003 (Tas). The definition of spouse or partner draws on the Relationships Act for what constitutes a significant relationship, expanding the Act's coverage beyond married couples.

Criminal Code 1924 (Tas). Family violence offences often involve conduct also constituting criminal offences under the Criminal Code. The section 7 definition of family violence cross-references stalking and bullying as defined in section 192 of the Criminal Code.

Firearms Act 1996 (Tas). PFVOs automatically suspend any firearms licence held by the respondent (section 14(15)) and prohibit applications for new licences during the PFVO's operation. This interacts with the Firearms Act licensing regime.

Justices Act 1959 (Tas). The Chief Clerk of Petty Sessions and the Magistrates Court operate under this Act, which governs the procedural framework for hearing applications under the Family Violence Act.

Monetary Penalties Enforcement Act 2005 (Tas). The Director, MPES, is defined in section 4 and is responsible for enforcement of monetary penalties, including fines imposed for family violence offences.

Corrections Act 1997 (Tas). The Director of Corrective Services is defined in section 4, relevant to imprisonment orders made under the Act.

The 12-month limitation period for economic and emotional abuse prosecutions. Section 9A limits complaints for section 8 and section 9 offences to within 12 months of the last act constituting the course of conduct. Given that these offences involve a course of conduct over time, the limitation period runs from the last act, not the first. However, if the last act occurred more than 12 months before the complaint, the charge is time-barred even if the earliest acts occurred much more recently.

PFVO suspends firearms licence immediately on service. Section 14(15) means a PFVO automatically suspends any firearms licence from the moment of service. A gun owner who is served with a PFVO cannot lawfully possess their firearms during the order's operation. Failure to surrender can constitute a separate offence under the Firearms Act.

Exclusion from home regardless of legal interest. A PFVO or FVO can require a respondent to vacate and not re-enter premises even if they are the sole owner or sole tenant. The legal or equitable interest in the property is expressly irrelevant under section 14(3)(a)-(b). This is a significant implication for property law that may not be obvious to respondents who own the home.

External orders and the national recognition scheme. Since the Domestic Violence Orders (National Recognition) Act 2016 came into force, most interstate orders are automatically recognised in Tasmania without registration under section 26. Section 26 registration remains relevant for orders made in jurisdictions not covered by the scheme or where enforcement through registration is sought.

Court may proceed in absentia. Section 31(7) allows the court to make an FVO without the respondent being present if service has been achieved or reasonable attempts made. A respondent who ignores the proceedings may find themselves subject to an FVO made in their absence.

Police attend a family violence incident at night. Officers attend a home where a partner has been assaulted. A senior constable (authorised by the Commissioner) assesses the situation. Satisfied that the perpetrator has committed family violence and is likely to do so again, the officer issues a PFVO under section 14 requiring the perpetrator to vacate the premises and refrain from contact. The officer serves the PFVO on the perpetrator, who must immediately leave even though the perpetrator owns the home. A copy is sent to the Chief Clerk of Petty Sessions. Any firearms licence held by the perpetrator is suspended from that moment.

Application for an FVO after an economic abuse campaign. A person's spouse has spent two years systematically withholding access to their joint bank account and disposing of shared property without consent, constituting economic abuse under section 8 and family violence under section 7. The affected person applies to the Magistrates Court for an FVO. The court is satisfied that economic abuse has occurred and is likely to recur. It makes an FVO requiring the spouse to maintain a specified distance and prohibiting certain financial conduct. The economic abuse also constitutes a section 8 offence, which the police may separately prosecute (subject to the 12-month limitation period running from the last act).

Registering an interstate order. A person who holds a family violence order made in Victoria relocates to Tasmania. If the Victorian order predates or is not covered by the national recognition scheme for any reason, the person may apply under section 26 to register the order in Tasmania, giving it the effect of a Tasmanian FVO.