National Domestic Violence Order Scheme

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Domestic violence is a growing concern in today’s society. Prior to 25 November 2017, a Domestic Violence Order (DVO) was only enforceable in the state or territory in which it was issued or registered.

The resulting problem was that if victims moved interstate or to a territory, they would have to seek a DVO in that state or territory to ensure they were still protected.

On 25 November 2017, the National Domestic Violence Order Scheme was introduced to increase protection for victims and their families. The system now means that all DVO’s issued are automatically recognised nationally and as such local police will enforce the conditions of the DVO, irrespective of what state or territory it was issued.

Depending on which state or territory you reside, protection for victims of domestic violence may be provided by way of court orders, which include:

  1. Protection Orders;
  2. Family Violence Orders;
  3. Apprehended Domestic Violence Orders; or
  4. Intervention Orders;

Additionally, if a DVO existed prior to 25 November 2017, it is now possible to declare the existing DVO enforceable nationwide by applying to any local court in Australia.

It is important to note the following criteria when applying for a DVO:

  1. A relevant relationship exists between the aggrieved and the respondent and
  2. The respondent has committed domestic violence against the aggrieved and
  3. The DVO is necessary or desirable to protect the aggrieved from domestic violence.

For further information on the scheme go to the Attorney-General’s website here or the Queensland Courts guide to completing an application for a protection order here.

If you’re unsure of any of the above relating to domestic violence orders, please contact our team to discuss your legal options.

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