Australian Government: Attorney-General’s Department, National Domestic Violence Order Scheme.
An online resource with information on the national recognition and enforcement of protection orders throughout Australia. It contains links to information in numerous languages, as well as links to state and territory courts.
Includes information about protection order schemes across Australia.
Cannon, A and AIJA, Draft recommendations for standard national intervention orders.
Judicial College of Victoria, Family Violence Resources.
Links to a range of resources and checklists for decision-making under the Family Violence Protection Act 2008 (Vic).
LawAccess NSW and Legal Aid NSW, Apprehended Violence Orders.
An online resource with clear and comprehensive information about Apprehended Violence Orders in NSW, including:
•
types of AVO
•
the application process
•
going to court
•
after court
•
Victims Support Scheme
•
immigration issues
•
protection of children
•
defending an AVO
•
family law issues
LawInfo Northern Territory, Domestic Violence.
LawInfoNT is an open access website with plain language information about the law, including domestic violence. The information is presented in a variety of formats for easy comprehension. The domestic violence section sets out a series of commonly asked questions and answers relating to: the nature of DV, types of DVOs, applications for DVOs, protection of children, property damage, breach of DVO, other support services.
Legal Aid ACT, Domestic and Family Violence.
Legal Aid ACT’s Domestic Violence and Personal Protection Order Unit offers a service to assist with:
•
applications for DVOs
•
understanding and responding to DVOs
•
non-legal solutions and support services
Legal Aid Queensland, Domestic and Family Violence.
This section of the Legal Aid Qld website provides information about: the nature of DFV, applying for a DFV protection order, the types of protection orders, children and protection orders, complying with a protection order, DFV duty lawyer services, and useful factsheets to help applicants and respondents navigate the legal system.
Legal Aid Western Australia, Family violence and your safety.
This section of the website helps users to understand the nature of family violence, the help available including protection orders, and how the family law deals with cases involving family violence.
Legal Services Commission of South Australia, Domestic Violence Advice.
The Commission provides services free of charge to assist with domestic violence matters, including:
•
intervention orders
•
the victim’s role and rights in the criminal justice process
•
family law matters
•
child welfare matters
•
credit, debt and housing matters
•
immigration matters arising as a result of domestic violence
•
application for legal aid or referrals to other services.
National Legal Aid, Family Violence Law Help.
A national online resource to: assist people affected by domestic and family violence; promote State and Territory advocacy and support services; and clearly explain the operation of Australia’s various laws and courts in domestic and family violence matters.
Queensland Courts, Domestic violence videos (last reviewed 2018).
‘This series of videos explain the court process for domestic and family violence to provide [people] with the information [needed] to take part in the legal process’. Whilst these videos were developed in Queensland, they offer some general observations that may provide assistance for those in other jurisdictions. These videos include:
•
What is domestic and family violence?
•
What is a Domestic Violence Order?
•
How to apply for a Protection Order.
•
What happens in court?
•
What if I’m served?
•
Understanding the conditions of a Domestic Violence Order.
Victoria Legal Aid, Violence, abuse and personal safety.
This webpage provides information about violent behaviour, abuse and personal safety, including Family violence intervention orders and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.
Overview
In many jurisdictions there are standard directions and conditions included in a protection order; these vary to some extent between jurisdictions due to differences in legislation and practice. The following sections provide examples of plain English directions and conditions that may, where appropriate, be adapted by judicial officers to the particular case and jurisdiction. In addition to ensuring the protection of people and belongings, it may also be necessary in particular cases to impose conditions for the protection of pets and other animals. ‘You’ refers to the person against whom the protected person/people is/are protected. These examples are drawn from the documents referenced in ‘Other resources’.
General Directions
(a)
You must follow all of the directions and conditions of this court order. It is a criminal offence not to follow this court order, even if you only attempt to, and no matter what reason you may have. If you are convicted, you could go to prison or be fined. You could also be charged with other criminal offences. If you are convicted of these offences, you could receive a longer prison sentence or higher fine.
(b)
You must follow this court order even if the Protected Person/People doesn’t/don’t want you to, or tells/tell you that you don’t need to, or make/makes contact with you first.
(c)
You must not cause, allow or encourage another person to do anything forbidden by this court order.
(d)
You will be personally responsible whether you act or speak or publish pictures, photos or recordings in person or through another person or through any other means, including electronic communication and devices, for example, by post, facsimile, phone, text messages, emails, skype, Facebook or other social networking site or internet platform, or GPS tracking.
(e)
When the child of Protected Person, […] is born, that child will also be a Protected Person protected by this court order.
(f)
You must follow this court order until […] OR You must always follow this court order.
(g)
You have consented to this court order without admitting any facts about what has happened previously.
Conditions About Behaviour
1.
You must be of good behaviour towards the Protected Person/People and you must not commit domestic and family violence against the Protected Person/People.
2.
You must not do any of the following to the Protected Person/People:
(a)
assault or threaten;
(b)
stalk, harass or intimidate;
(c)
intentionally or recklessly destroy or damage any property or pet that belongs to them (even if it belongs only partly to the protected person/people) or is in their possession.
Conditions About Contact
1.
You must not approach the Protected Person/People within […] metres.
2.
You must not contact the Protected Person/People in any way, unless through a lawyer/this person […].
3.
You must not approach within […] metres of the boundary of:
(a)
any place the Protected Person/People might go to for work;
(b)
the school or any other place the Protected Person/People might go to for study or training;
(c)
any place the Protected Person/People might go to for childcare;
(d)
any other place listed here: […]
4.
You must not approach within […] metres or be in the company of the Protected Person/People for at least 12 hours after drinking alcohol or taking illicit drugs.
5.
You must not try to find the Protected Person/People, unless ordered by a court.
Conditions About Family Law and Parenting
1.
You must not approach within […] metres or contact the Protected Person/People in any way, unless:
(a)
through a lawyer; or
(b)
to attend legally accredited or court-approved counselling, mediation or conciliation; or
(c)
as ordered by this or another court to enable contact with any children; or
(d)
as agreed in writing between you and the parent/s and/or the person with parental responsibility to enable contact with any children.
2.
You must follow the conditions of the Order made by Justice […] of the FCCA/FCA on […], which is revived/varied/discharged/suspended by this court order as follows: […].
Conditions About Where You Cannot Go
1.
You must not live at:
(a)
the same address as the Protected Person/People; or
(b)
any address listed here: […].
2.
You must not go within the boundary of:
(a)
any place where the Protected Person/People lives/live;
(b)
any place where the Protected Person/People works/work;
(c)
any place where the Protected Person/People studies or trains/study or train;
(d)
any place listed here: […].
3.
You must not go within […] metres of the boundary of:
(a)
any place where the Protected Person/People lives/live;
(b)
any place where the Protected Person/People works/work;
(c)
any place where the Protected Person/People studies or trains/study or train;
(d)
any place listed here: […].
Conditions About Belongings
1.
You are allowed to collect these belongings […] from this address […] between these times […] on this date […], but only if a police officer/this person […] attends with you.
2.
You are allowed to collect these belongings […] from this address […] between these times […] on this date […].
3.
You must return these belongings […] to this address […] between these times […] on this date […], and you must have a police officer/this person […] attend with you.
4.
You must return these belongings […] to this address […] between these times […] on this date […].
5.
You must allow the Protected Person/People attended by a police officer/this person […] to collect these belongings […] from this address […] between these times […] on this date […].
6.
You must allow the Protected Person/People to collect these belongings […] from this address […] between these times […] on this date […].
Conditions About Weapons
1.
You must not possess any firearms, ammunition or any of these weapons or articles: […].
2.
You must immediately surrender your licence/permit […] to the relevant authority.
3.
You must use this firearm/weapon: […] only on these conditions: […].
Conditions About Intervention Programs
1.
You must contact […] and make and attend an appointment for assessment, and if assessed as suitable, undertake any intervention program advised as appropriate and comply with any direction given by your case manager.
Overview
In many jurisdictions there are standard directions and conditions included in a protection order; these vary to some extent between jurisdictions due to differences in legislation and practice. The following sections provide examples of plain English directions and conditions that may, where appropriate, be adapted by judicial officers to the particular case and jurisdiction. In addition to ensuring the protection of people and belongings, it may also be necessary in particular cases to impose conditions for the protection of pets and other animals. ‘You’ refers to the person against whom the protected person/people is/are protected. These examples are drawn from the documents referenced in ‘Other resources’.
General Directions
(a)
You must follow all of the directions and conditions of this court order. It is a criminal offence not to follow this court order, even if you only attempt to, and no matter what reason you may have. If you are convicted, you could go to prison or be fined. You could also be charged with other criminal offences. If you are convicted of these offences, you could receive a longer prison sentence or higher fine.
(b)
You must follow this court order even if the Protected Person/People doesn’t/don’t want you to, or tells/tell you that you don’t need to, or make/makes contact with you first.
(c)
You must not cause, allow or encourage another person to do anything forbidden by this court order.
(d)
You will be personally responsible whether you act or speak or publish pictures, photos or recordings in person or through another person or through any other means, including electronic communication and devices, for example, by post, facsimile, phone, text messages, emails, skype, Facebook or other social networking site or internet platform, or GPS tracking.
(e)
When the child of Protected Person, […] is born, that child will also be a Protected Person protected by this court order.
(f)
You must follow this court order until […] OR You must always follow this court order.
(g)
You have consented to this court order without admitting any facts about what has happened previously.
Conditions About Behaviour
1.
You must be of good behaviour towards the Protected Person/People and you must not commit domestic and family violence against the Protected Person/People.
2.
You must not do any of the following to the Protected Person/People:
(a)
assault or threaten;
(b)
stalk, harass or intimidate;
(c)
intentionally or recklessly destroy or damage any property or pet that belongs to them (even if it belongs only partly to the protected person/people) or is in their possession.
Conditions About Contact
1.
You must not approach the Protected Person/People within […] metres.
2.
You must not contact the Protected Person/People in any way, unless through a lawyer/this person […].
3.
You must not approach within […] metres of the boundary of:
(a)
any place the Protected Person/People might go to for work;
(b)
the school or any other place the Protected Person/People might go to for study or training;
(c)
any place the Protected Person/People might go to for childcare;
(d)
any other place listed here: […]
4.
You must not approach within […] metres or be in the company of the Protected Person/People for at least 12 hours after drinking alcohol or taking illicit drugs.
5.
You must not try to find the Protected Person/People, unless ordered by a court.
Conditions About Family Law and Parenting
1.
You must not approach within […] metres or contact the Protected Person/People in any way, unless:
(a)
through a lawyer; or
(b)
to attend legally accredited or court-approved counselling, mediation or conciliation; or
(c)
as ordered by this or another court to enable contact with any children; or
(d)
as agreed in writing between you and the parent/s and/or the person with parental responsibility to enable contact with any children.
2.
You must follow the conditions of the Order made by Justice […] of the FCCA/FCA on […], which is revived/varied/discharged/suspended by this court order as follows: […].
Conditions About Where You Cannot Go
1.
You must not live at:
(a)
the same address as the Protected Person/People; or
(b)
any address listed here: […].
2.
You must not go within the boundary of:
(a)
any place where the Protected Person/People lives/live;
(b)
any place where the Protected Person/People works/work;
(c)
any place where the Protected Person/People studies or trains/study or train;
(d)
any place listed here: […].
3.
You must not go within […] metres of the boundary of:
(a)
any place where the Protected Person/People lives/live;
(b)
any place where the Protected Person/People works/work;
(c)
any place where the Protected Person/People studies or trains/study or train;
(d)
any place listed here: […].
Conditions About Belongings
1.
You are allowed to collect these belongings […] from this address […] between these times […] on this date […], but only if a police officer/this person […] attends with you.
2.
You are allowed to collect these belongings […] from this address […] between these times […] on this date […].
3.
You must return these belongings […] to this address […] between these times […] on this date […], and you must have a police officer/this person […] attend with you.
4.
You must return these belongings […] to this address […] between these times […] on this date […].
5.
You must allow the Protected Person/People attended by a police officer/this person […] to collect these belongings […] from this address […] between these times […] on this date […].
6.
You must allow the Protected Person/People to collect these belongings […] from this address […] between these times […] on this date […].
Conditions About Weapons
1.
You must not possess any firearms, ammunition or any of these weapons or articles: […].
2.
You must immediately surrender your licence/permit […] to the relevant authority.
3.
You must use this firearm/weapon: […] only on these conditions: […].
Conditions About Intervention Programs
1.
You must contact […] and make and attend an appointment for assessment, and if assessed as suitable, undertake any intervention program advised as appropriate and comply with any direction given by your case manager.