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National Domestic Violence Order Scheme

24/11/2017

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New laws have been introduced in each state and territory to improve the protection of domestic and family violence victims.
From 25 November 2017 domestic violence orders (DVOs) issued in one state or territory will apply and be enforceable in all states and territories in Australia.
Prior to 25 November 2017 DVOs applied only in the state or territory where they were issued.
The forms will be available here from the 25 November 2017.


Orders made before 25 November 2017If you are planning to travel or move to a state or territory different to the one where your order was issued, you can have your order “declared” a national DVO. This means it can be enforced in all states and territories in Australia.
In Queensland, you can do this by making an application to a Magistrates Court using the DV35 Application for declaration of a DVO to be a recognised interstate order.
You can also apply to a court in another state or territory.
Note: The person who you have protection from (the respondent) will not be provided with a copy of your application (to declare an order a national order) unless you have given written consent.
If you are planning to travel or move interstate and want to vary the conditions, named persons or term of your DVO, you can do this in Queensland by making an application to a Magistrates Court using one of the following forms:
  • If your original order was made in Queensland use DV4 Application to vary a domestic violence order (DOC, 104.5 KB)
  • If your original order was made in another state or territory use DV4A Application to vary a recognised interstate order
Note: The person who you have protection from (the respondent) will be provided with a copy of your application to have your order declared a national order and to have it varied. If you do not want the respondent to know your address, do not include this information on your form. Advise the court registry staff that you need to keep this information private.
Orders made after 25 November 2017If you are planning to travel or move to a state or territory different to the one where you originally received your order, it will apply in all Australian states and territories so you will be automatically protected.
If you would like to vary the conditions, named persons or term of your DVO, you can do this in Queensland by making an application to a Magistrates Court using one of the following forms:
  • If your original order was made in Queensland use DV4 Application to vary a domestic violence order (DOC, 104.5 KB)
  • If your original order was made in another state or territory use DV4A Application to vary a recognised interstate order
A Queensland Court can vary an order made that was made in any Australian state and territory.


Note: The person who you have protection from (the respondent) will be provided with a copy of your application to have your order varied. If you do not want the respondent to know your address, do not include this information on your form. Advise court registry staff of the need to keep this information private.
Enforcing ordersDVOs made from 25 November 2017 can be enforced across all states and territories in Australia. If an order was made before 25 November 2017 it must first be declared a national DVO before it can be enforced in all states and territories.
An order which has not been declared a national DVO will only be enforceable in the state or territory where it was issued.
Order namesDomestic violence orders or DVOs have different names across Australia. A domestic violence order may be called:
  • Protection order
  • Apprehended domestic violence order
  • Family violence intervention order
  • Family violence order
  • Intervention order
For helpPlease contact your closest Magistrates Court location.
Read the National Domestic Violence Order Scheme information guide


This article has been copied from here.

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