Protection Orders are state based, civil orders, which aim to prevent the commission of domestic violence. Some, but not all of the orders, which can appear on a Protection Order are that one party be ‘of good behaviour’ toward another, that a party remain a certain distance from another, or that there is to be no contact between the parties. Protection Orders can have as few as one order, or as many Orders required to enact protection of the aggrieved party.
Before 25 November 2017 each state issued and enforced only their own Protection Orders, with aggrieved persons having to register their Protection Orders in their new state of residence if they move. A Queensland issued Order was not recognised in New South Wales, without registration, a particular issue for those living in the Tweed Region.
On 25 November 2017, the law relating to Protection Orders was changed to incorporate a new national recognition scheme. All Protection Orders made on or after 25 November 2017, will be recognised nationally, meaning that there is no need for victims of domestic violence to register their Protection Order in the state they will be living or visiting, if it’s not the state of issue of the Protection Order.
Prior to this new change, each state based Protection Order had to be registered with any state other than the state of issue. This meant if victims were travelling interstate, and were afraid that the perpetrator would follow them, or also lived in that state, would have to apply to the local or Magistrates Court of the relevant state to have their Protection Order registered, allowing their order to be enforced by that states police force. If they didn’t register their Protection Order and were a further victim of domestic violence, the perpetrator could not be charged with a breach.
All Protection Orders issues prior to 25 November 2017 can be declared to be Nationally Recognised Protection Order. In Queensland, to have a Protection Order declared a Nationally Recognised Protection Order, an application needs to be made in the Magistrates Court. The Respondent in the matter will not be notified such an application has been made, unless consent is given in writing.
Nationally Recognised Protection Orders will allow victims and their children to travel and relocate interstate without having to worry about notifying perpetrators, and going through the Court system, with potential for re-traumatisation.
Nationally Recognised Protections Orders, like Protection Orders issued prior to 25 November 2017, can still be varied. To vary a Protection Order, the relevant form must be completed and filed at the Magistrates Court. Nationally Recognised Protection Order’s and state recognised only Protection Orders require the completion of different forms for varying the conditions ofthe Protection Order.
If you currently have a Protection Order issued by a state court which has not expired, and need assistance having it declared a Nationally Recognised Protection Order; need assistance making an application for Protection Order; varying the conditions of a protection order; or have been served with an Application for Protection Order, call us on 1300 267 637 for a confidential consultation.