Personal Violence Restraining Orders

Contributed by SeamusKrumreyQuinn, Brittany Carmody & Caitlin Weatherby-Fell and current to October 2025

What is a PVRO?

A PVRO is a protection order made by the NT Local Court under the Personal Violence Restraining Orders Act 2016 (the PVRO Act, see here) to protect a person from personal violence.

When can a PVRO be made?

The Local Court has the power to make a PVRO if it is satisfied on the balance of probabilities a “personal violence offence” has been committed, or is likely to be committed, by the defendant against the person whose protection is sought (the protected person) (PVRO Act s 15).

The PVRO Act defines “personal violence offence” as including (PVRO Act ss 4-7):

• Conduct causing harm, including a number of prescribed physical or sexual offences under the NT’s Criminal Code Act 1983 (see here);
• Damaging property, including causing injury or death to an animal;
• Intimidation, including
  • causing a person to reasonably apprehend violence to them or their property or pets; or
  • unreasonably controlling a person or causing them mental harm;
  • Harassment, including regular and unwanted contacting of a person, such as by phone, email, or the internet;
  • Stalking, including intentionally following, watching, staying near a person on at least two (2) occasions with the intention of causing the person harm or to fear harm to them;
  • Economic abuse, including coercing a person to relinquish control over assets or income, such as using stand-over tactics to obtain a person’s credit card; or
  • Attempting or threatening to commit any of the above.

In deciding whether to make a PVRO the Local Court must consider the safety and protection of the person whose protection is sought and any affected child to be of paramount importance (PVRO Act s 16(1)).

The Local Court must also consider the defendant’s criminal record, previous conduct and other matters it considers relevant (PVRO Act s 16(2)).

The Local Court also has the power to make an interim PVRO at any time during proceedings ahead of a final hearing of the PVRO application (PVRO Act s 19).

What is in a PVRO?

A PVRO will usually include the following information:

• Applicant: this is the person who made the PVRO application (this will often also be the protected person);
• Protected person: this is the person whose protection is sought under the order;
• Defendant: this is the person who is being stopped from doing the things listed in the PVRO;
• Orders: this is the list of things the PVRO stops (or restrains) the defendant from doing;
• Period: this is the length of time the PVRO will continue (included at the top of Orders, as well as after the Orders with a final date of application).

The Local Court can include in a PVRO any order the Local Court considers:

• “necessary or desirable to prevent the commission of a personal violence offence against the protected person”; and
• “just or desirable to make in the circumstances of the particular case” (PVRO Act s 17(1)).

Common types of orders the Local Court puts in a PVRO are:

• Full non-contact – restrains the Defendant from having any contact with the Protected Person
• Non-intoxication – restrains the Defendant from having contact with the Protected Person when they are intoxicated with, for example, alcohol, drugs or other substances – this means that the Defendant can have contact with the Protected Person when they are sober
• Non-violence – restrains the Defendant from committing any future personal violence against the Protected Person, while allowing the Defendant to continue having contact with the Protected Person

The Local Court can order that the personal details of a protected person or witness in proceedings not be published if satisfied the public would expose the person to the risk of harm (PVRO Act s 20).

How long does a PVRO last for?

There are no limits under the PVRO Act on how long a PVRO lasts for. The length of a PVRO is something the Local Court must decide.

Who can apply for a PVRO?

Any of the following persons may apply for a PVRO (PVRO Act s 10):

1. the person whose protection is sought under the order;
2. an adult acting for the person whose protection is sought under the order;
3. a police officer.

Only one person may be named as the protected person in a PVRO (PVRO Act s 11(1)) – this is an important difference between a PVRO and a domestic violence order (DVO), with the latter able to have more than one protected person named on the Order.

Who can be named as a defendant to a PVRO?

A defendant can be anyone that has committed or is likely to commit a personal violence offence against the protected person (section 15 PVRO Act).

However, where the defendant is in a domestic or family relationship with the protected person, including one-off dating and/or sexual assault, a domestic violence order or DVO will be more appropriate rather than a PVRO (see further the section on Domestic and family violence here).

For example, where a defendant is the partner, ex-partner, family member, housemate, or carer of the protected person a DVO will be more appropriate. However, where a defendant is the neighbour or work colleague of the protected person then a PVRO would be appropriate.

Only one person may be named as the defendant in a PVRO (PVRO Act s 11(1)).

The defendant named in a PVRO cannot be a child under the age of 15 years (PVRO Act s 11(2)).

How to apply for a PVRO?

To apply for a PVRO the Applicant must lodge a “Personal Violence Restraining Order Form” with the Local Court (PVRO Act section 12; Local Court (Civil Jurisdiction) Rules 1998 r 7.16). The form is available on the Local Court website (see here)).

An applicant must also lodge an affidavit that sets out the facts that support the application (Northern Territory Local Court Practice Directions, Practice Direction 5H). A copy of the type of affidavit to be filed is available on the Local Court website (see here)).

No fees are payable in relation to proceedings under the PVRO Act (Local Court Regulations 2016 r 8).

How to respond to a PVRO?

The Local Court will serve a copy of a PVRO application on the defendant to the application along with the date, time and court location of the first court event.

When the Local Court serves documents this will usually involve the police, court bailiff or process server attending the defendant’s house and handing the defendant a copy of these documents.

There is no requirement for a defendant to a PVRO application to file any documents in response to a PVRO application.

What happens at the Local Court?

Mention

The application will usually first be listed for a mention. At the mention, the Court will usually seek to confirm service has happened and hear whether the Defendant agrees to the PVRO. If sought by you, the Court will also decide whether an Interim PVRO is necessary for your protection whilst your application is being decided.

Before the Court can make a final decision about the PVRO application, the application must first be referred to mediation at the Community Justice Centre, unless an exception applies (including a history of violence or previous unsuccessful mediation) (section 14(1) PVRO Act).

Mediation

A mediation is a meeting where parties try to settle their dispute with the assistance of an independent person (the mediator). It is less formal and quicker than appearing in Court.

The protected person and defendant will usually be in the same room. But the mediation can also take place via video or teleconference or with participants in separate rooms (this is often referred to as “shuttle” conferencing).

The Community Justice Centre must give the Local Court a written report on the outcome of the mediation or attempted mediation (PVRO Act s 14(6)).

The Community Justice Centre’s Mediation and PVRO factsheet (see here) states that usually the report will advise one of the following:

• The participants reached an agreement and, if agreed to by the participants, a copy of the agreement can be attached to the report.
• The participants attended mediation but were unable to reach an agreement.
• The mediator/s or the Director terminated the mediation session after determining that the matter was not suitable for mediation.

Instead of a PVRO, the Applicant and Defendant may agree for the Defendant to make a promise to the Court about their future behaviour towards the Applicant; this is called an ‘Undertaking’. If the Defendant does not follow the Undertaking, the Applicant can reapply for a PVRO. The Defendant can also be found in contempt of court (punishable by a fine or imprisonment).

When deciding whether to make a PVRO or not, the Local Court must take into account the Community Justice Centre’s written report (PVRO Act s 14(8)).

For more information about the mediation process, you can contact the Community Justice Centre and/or review the Mediation and Personal Violence Restraining Orders fact sheet (here).

If the parties cannot reach an agreement, the application will usually be listed for a case management inquiry (CMI).

Case Management Inquiry

A CMI is usually held a few weeks before a final hearing to determine whether the matter is ready to proceed to final hearing.

At the CMI, the Local Court will check whether –

• All relevant documents have been filed by both parties, such as affidavits;
• All relevant documents have been served on both parties; and
• Whether any evidence or issues are outstanding, such as subpoenas.

The Local Court will then confirm that the matter is to proceed to final Hearing or will make additional orders to resolve outstanding issues ahead of the final Hearing.

Hearing

If a PVRO application goes to a hearing, the Local Court will decide whether to make a PVRO or not.

At the hearing, the Local Court will hear evidence from the parties (or their lawyer/s) about why a PVRO should or should not be made.

The Local Court will then decide whether to make a PVRO or not, either immediately following the hearing or later through written reasons.

Resolving the matter during the Court process

It is important to note that the parties may together decide to resolve the PVRO at any time during the Court process, including –

• The Defendant agreeing to the PVRO being made, which is called a “PVRO by consent”;
• The Defendant agreeing to the PVRO being made, but denying the need for the order, which is called a “PVRO without admissions”;
• The Defendant and the Protected Person agreeing to mutual PVROs;
• The Defendant and/or the Protected Person agreeing to make an Undertaking; or
• The Protected Person agreeing to withdraw (discontinue) the PVRO application.

What happens when a PVRO is made?

As soon as practicable after the Local Court makes a PVRO or interim PVRO it will give a copy of the PVRO to the protected person, the defendant and the Commissioner of Police (PVRO Act s 18).

What happens when a defendant breaches a PVRO?

When defendant does not follow what a PVRO requires the defendant is in breach of the PVRO and a protected person or any other person can report this to police.

When a defendant breaches (or breaks) a PVRO it is a criminal offence and the Local Court has the power to imprison the defendant for up to 2 years’ or impose a fine (PVRO Act s 23).

Some personal violence offences are also criminal offences. These may also be reported to police and may be dealt with by the Local Court at the same time as any breach of a PVRO.

How to change or stop a PVRO?

Only the Local Court has the power to change or stop a PVRO. To do this a person must apply to the Local Court with a Form 4 (Application To Vary/Revoke Personal Violence Restraining Order). The form is available on the Local Court website (see here)).

A defendant to a PVRO is only allowed to apply to change or stop a PVRO with the permission (also known as “leave”) of the Local Court. The Local Court will only grant a defendant permission to change or stop a PVRO where there has been a substantial change in the circumstances of the defendant or the protected person since the order was made or last varied (PVRO Act s 22(3)).

What is the difference between a PVRO and DVO?

A person who is experiencing violence by someone they are in a domestic or family relationship with, for example a partner, family member, housemate, or carer, the person can apply for a domestic violence order (DVO), for their protection (see further the section on Domestic and family violence here).

DVOs operate in similar ways to PVROs, however, there are important differences:

• While a PVRO can have only one (1) Protected Person, a DVO can have multiple (i.e. children of the primary Protected Person).
• While in PVRO matters there is a requirement to attend mediation, there is no corresponding requirement for DVO matters.
• While only adults (18+) can apply for a PVRO, young persons (aged 15-18) can apply for a DVO.

Where can I get more help?

If you are thinking about applying for a PVRO or are a defendant to a PVRO, you should speak with a lawyer to better understand the PVRO process and how it applies to you.

You can get legal advice from a range of organisations and individuals in the NT. Some are free and others charge a fee for their services. Some of the organisations are listed below:

Where can I get more information?

There are a number of other resources available about PVROs on the internet:

• Community Justice Centre, Mediation and PVRO factsheet (here)
• NT Local Court, DV Applications and PRVOs (here)
• Top End Women’s Legal Service, PVRO fact sheet (here)