NSW
Judicial Commission of NSW, Local Court Bench Book (updated 2022).
Section [22-000] discusses the procedures for dealing with applications for Apprehended Violence Orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the National Domestic Violence Order recognition scheme.
QLD
Magistrates Court, Queensland, Domestic and Family Violence Protection Act 2012 Bench Book (2021).
This bench book discusses in detail the legislation, case law and procedural issues relating to application proceedings for protection orders under the Domestic and Family Violence Act 2012 (Qld), including the jurisdiction of Magistrates and Judicial Registrars (Chapter 2); police, private and cross applications (Chapter 3); service of applications (Chapter 4); hearing of applications (Chapter 5); making a temporary protection order (Chapter 6); making a protection order (Chapter 7); consent orders (Chapter 8); naming of parties and standard/other conditions in orders (Chapter 9); duration of orders (Chapter 10); explanation of orders (Chapter 11); service of orders (Chapter 12); variation of orders (Chapter 13); and breach of an order (Chapter 20.1).
Parenting orders: Chapter 10.6 discusses the interaction between domestic violence orders and family law orders, including parenting orders, an applicant’s obligations to inform the court about any family law orders, and the matters the court must consider before deciding to make or vary a domestic violence order. Chapter 10.6.1 discusses the situation where parties have ongoing contact due to family court parenting orders.
Recognition of interstate orders: Chapter 20 discusses the National Domestic Violence Order Scheme and its implementation in the Domestic and Family Violence Act 2012 (Qld) for the mutual recognition and enforcement of orders.
Vic
Judicial College of Victoria, Family Violence Bench Book (updated 2023).
2.1 discusses the intervention order process. 2.2 discusses making interim and final intervention orders, and conditions of orders. 2.2.4 discusses the advantages and limitations of undertakings when deciding whether to accept an undertaking instead of making an interim or final order, with safety being the paramount consideration. 2.3 discusses changing orders. 2.6 discusses the interaction between family violence orders and parenting orders, recovery orders and other orders under the Family Law Act 1975. 5.13 discusses the relationship between family violence and family law. 3.3 discusses the enforceability of interstate (and New Zealand) orders in Victoria. 3.10 discusses information sharing.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
Section 13.8.1 titled ‘Family Violence Restraining Orders’ and 13.9.3 titled ‘Restraining Orders’. The latter section provides practical points for judicial officers to consider in restraining order applications (particularly in relation to children). For example:
•
Be aware that restraining orders may be used by perpetrators of domestic violence as a way to control and punish the primary victim…
•
If an applicant has not contacted an external support agency prior to the application for a restraining order you may wish to let them know that such support is available. A list of agencies and organisations which help people who are at risk of family and domestic violence can be found in section 3.10
International
This Bench Book provides guidance and suggestions for judicial officers managing cases involving domestic and family violence in Canada.
Chapter 9 deals with ‘Civil Protection’ - including civil protection orders.
In section 16.10.11.5: Concerns about undertakings: Domestic violence context, the Bench Book raises these questions in context of Hague Convention matters:
•
Are undertakings from a parent who has engaged in domestic violence or who has demonstrated disrespect for law or who has a history of non-compliance with court orders like to be reliable?
•
What happens to the safety of the custodial parent and child if the undertaking parent decides to ignore or to retract the undertakings upon the child’s return in the other jurisdiction?
NSW
Judicial Commission of NSW, Local Court Bench Book (updated 2022).
Section [22-000] discusses the procedures for dealing with applications for Apprehended Violence Orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the National Domestic Violence Order recognition scheme.
QLD
Magistrates Court, Queensland, Domestic and Family Violence Protection Act 2012 Bench Book (2021).
This bench book discusses in detail the legislation, case law and procedural issues relating to application proceedings for protection orders under the Domestic and Family Violence Act 2012 (Qld), including the jurisdiction of Magistrates and Judicial Registrars (Chapter 2); police, private and cross applications (Chapter 3); service of applications (Chapter 4); hearing of applications (Chapter 5); making a temporary protection order (Chapter 6); making a protection order (Chapter 7); consent orders (Chapter 8); naming of parties and standard/other conditions in orders (Chapter 9); duration of orders (Chapter 10); explanation of orders (Chapter 11); service of orders (Chapter 12); variation of orders (Chapter 13); and breach of an order (Chapter 20.1).
Parenting orders: Chapter 10.6 discusses the interaction between domestic violence orders and family law orders, including parenting orders, an applicant’s obligations to inform the court about any family law orders, and the matters the court must consider before deciding to make or vary a domestic violence order. Chapter 10.6.1 discusses the situation where parties have ongoing contact due to family court parenting orders.
Recognition of interstate orders: Chapter 20 discusses the National Domestic Violence Order Scheme and its implementation in the Domestic and Family Violence Act 2012 (Qld) for the mutual recognition and enforcement of orders.
Vic
Judicial College of Victoria, Family Violence Bench Book (updated 2023).
2.1 discusses the intervention order process. 2.2 discusses making interim and final intervention orders, and conditions of orders. 2.2.4 discusses the advantages and limitations of undertakings when deciding whether to accept an undertaking instead of making an interim or final order, with safety being the paramount consideration. 2.3 discusses changing orders. 2.6 discusses the interaction between family violence orders and parenting orders, recovery orders and other orders under the Family Law Act 1975. 5.13 discusses the relationship between family violence and family law. 3.3 discusses the enforceability of interstate (and New Zealand) orders in Victoria. 3.10 discusses information sharing.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
Section 13.8.1 titled ‘Family Violence Restraining Orders’ and 13.9.3 titled ‘Restraining Orders’. The latter section provides practical points for judicial officers to consider in restraining order applications (particularly in relation to children). For example:
•
Be aware that restraining orders may be used by perpetrators of domestic violence as a way to control and punish the primary victim…
•
If an applicant has not contacted an external support agency prior to the application for a restraining order you may wish to let them know that such support is available. A list of agencies and organisations which help people who are at risk of family and domestic violence can be found in section 3.10
International
This Bench Book provides guidance and suggestions for judicial officers managing cases involving domestic and family violence in Canada.
Chapter 9 deals with ‘Civil Protection’ - including civil protection orders.
In section 16.10.11.5: Concerns about undertakings: Domestic violence context, the Bench Book raises these questions in context of Hague Convention matters:
•
Are undertakings from a parent who has engaged in domestic violence or who has demonstrated disrespect for law or who has a history of non-compliance with court orders like to be reliable?
•
What happens to the safety of the custodial parent and child if the undertaking parent decides to ignore or to retract the undertakings upon the child’s return in the other jurisdiction?