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Restraining Order or AVO in Australia: How They Work, and the First Step Most People Skip

Being harassed, stalked or intimidated? Here is how AVOs, intervention orders and restraining orders work in each state, when to go straight to police, and when a formal cease and desist letter is the faster first step.

Topics: avo, cease and desist, harassment, intervention order, restraining order

You’re searching “restraining order Australia” or “how to get an AVO” because someone won’t leave you alone. An ex, a neighbour, a former business partner, a customer, someone online. The messages keep coming, they turn up where you are, they’re spreading things about you. You want it to stop and you want the law behind you.

If you are in immediate danger or there has been violence or a credible threat of violence, stop reading and call 000. Police can apply for a protection order on your behalf and can do so urgently. This guide is for everyone else: people dealing with persistent, distressing, unlawful behaviour that has not yet reached the point of physical danger, and who want the fastest effective way to make it stop.

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A lawyer's letter
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What a restraining order is called in your state

  • New South Wales: Apprehended Violence Order (AVO), either domestic (ADVO) or personal (APVO), under the Crimes (Domestic and Personal Violence) Act 2007
  • Victoria: Intervention Order (family violence or personal safety), Personal Safety Intervention Orders Act 2010
  • Queensland: Domestic Violence Order or Peace and Good Behaviour Order
  • Western Australia: Violence Restraining Order, Family Violence Restraining Order or Misconduct Restraining Order
  • South Australia: Intervention Order, Intervention Orders (Prevention of Abuse) Act 2009
  • Tasmania: Family Violence Order or Restraint Order
  • Australian Capital Territory: Family Violence Order or Personal Protection Order
  • Northern Territory: Domestic Violence Order or Personal Violence Restraining Order

Applications are made at your local Magistrates or Local Court. Police can apply for you. You will need to show the court that the person has engaged in the relevant conduct (intimidation, stalking, harassment, violence or threats) and that you have reasonable fears it will continue. Breaching an order is a criminal offence.

The reality of applying

Court-issued orders are powerful, but for non-violent harassment, particularly from someone outside your family, they can take weeks to months and involve a court appearance.

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The first step most people skip: a formal cease and desist letter

For harassment that is unlawful but not yet dangerous, a formal cease and desist letter is a useful first step. It sets out exactly what the person has done, with dates and evidence, names the law they are breaching (state stalking and intimidation offences, the Commonwealth offence of using a carriage service to menace or harass under section 474.17 of the Criminal Code, defamation, nuisance or trespass), demands that all contact stop, and states that a protection order application and police complaint will follow if it doesn’t.

If the conduct continues, you have a dated record that you gave clear written warning.

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If the letter doesn’t work

You escalate, with the letter as your evidence. Report the conduct to police, providing your incident log and the letter. Apply to your local court for a protection order. If the harassment is online, report it to the eSafety Commissioner, which has formal powers to compel removal of adult cyber-abuse material. If the conduct is defamatory, the letter is your foundation for a Concerns Notice.

What not to do

Don’t respond to the harasser in kind. Don’t post about them. Don’t send a letter you drafted in anger. Keep a dated log of every incident and keep all evidence.

DIY vs Claim Done vs lawyer

Option Cost Names the correct offences and consequences? Turnaround
Text or email telling them to stop $0 No Immediate; usually ignored
Claim Done cease and desist $49 flat Yes: cites your state’s harassment law and the Commonwealth Criminal Code About 5 minutes

Make it stop, in writing, today. Get a cease and desist letter drafted for $49. Done in about 5 minutes. You approve it before it is sent.

What happens when you put it in writing — properly

Same problem. What a prepared case looks like.

Before — doing it yourself
You explain it over the phone.
They nod, promise, and forget.
Weeks pass. Nothing is on the record.
When it escalates, it is your word against theirs.
→
After — a formal Cease & Desist
A formal Cease & Desist lands in their inbox.
It cites the law and sets a deadline.
There is now a paper trail.
They know you are serious.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Cease & Desist$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Cease & Desist drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.

How much does a Cease & Desist cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Cease & Desist in Australia?

No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Cease & Desist template doesn't?

It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

Cease & Desist · $49 You approve it before it is sent
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