07 December 2017

National recognition of domestic violence protection orders

All states and territories have now passed legislation to facilitate the national recognition of domestic violence protection orders. 

These changes affect persons who have a current protection order in place and future applications for protection orders.  Summarised below are the things you need to know:

  1. Any domestic violence protection order made by a state or territory court on or after 25 November 2017 will be automatically recognised in all other states and territories in Australia.
  2. Those in our community who have a current protection order that was made before 25 November 2017 can register their protection order and obtain a declaration that it is nationally recognised and enforceable.
  3. Nationally recognised protection orders can varied by application in any state or territory court.

These reforms address some of the previous gaps within the system.  Prior to these changes, a named person in a protection order would need to make an application in each state or territory which they required protection in as an order was only enforceable in the state or territory in which it was issued.

If you are not sure what this means for you, or have any questions about your current situation, please contact our friendly Family Law team.


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