National domestic violence order scheme - 30 November 2017

As of 25 November 2017, laws have been passed by each Australian State and Territory which enables the recognition of interstate orders to improve the protection of domestic violence victims.

Protection orders made on or after 25 November 2017 will automatically be recognised and enforceable nationwide.

Prior to the introduction of these new laws, as the family and domestic violence protection laws are state based, if an aggrieved required an order in one state or territory to be enforceable in another state of territory, an application was required in the second state or territory for it to be recognised and enforceable in that state (which was often costly and took considerable time).

The new laws also allow for orders made prior to 25 November 2017 to be registered and declared as nationally recognised in any state or territory court (not necessarily in the state of territory in which it was made).

Once an order is nationally recognised, local police will enforce the conditions of a protection order regardless of where the order was made.

It is also possible for applications to be made to vary a nationally recognised order in any state or territory court. It is not necessary to make that application in the state or territory where the order was originally made.

If you need advice, assistance or further information regarding domestic or family violence, contact our Family Law team.

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