Is your Intervention Order recognised Inter-State?
Intervention Orders (“IOs”) offer protection to victims of abuse. They are particularly important in domestic relationships for partners or children who experience physical, emotional or psychological harm or threats from other members of the family. You may also know them as ‘restraining orders’, ‘apprehended violence orders’ or ‘domestic violence orders’ in different parts of the country or the world.
Previously, IOs made in South Australia did not apply in any other State or Territory unless they were re-registered through that State or Territory’s Court. This could often cause great fear to those protected by an IO when leaving South Australia, due to the uncertainty of being followed outside of the State.
New Laws
As of 25 of November 2017, all Intervention Orders for domestic relationships will be recognised in every State and Territory, nationwide. For this to take effect, it must prohibit abuse between people in a ‘relationship’, as defined by the legislation. This means married couples or those in another form of domestic or intimate personal relationship, direct family members, carers or those related through Aboriginal or Torres Strait Islander kinship rules.
However, this only automatically applies to IOs issued after 25 November 2017. So, what if you have an IO for a domestic relationship that was issued before this date?
Declaring your Intervention Order under the new laws
The Courts have made the process as easy as possible for protected person. You may apply at any Magistrates or Local Court in Australia, in any State, to have your IO ‘declared’ to be nationally recognised. There is no requirement that this application be made at the same Court or even the same State as your IO was issued. In South Australia, you will need to use a ‘Form 46A’ with any Magistrates Court in the State.
Finally, these changes will not affect how local Police enforce IOs in the State they were initially issued. These changes only act to expand the protection offered to victims, not diminish them.
If you, or someone you know, is suffering from Domestic Violence and needs assistance with an Intervention Order, do not hesitate to contact the compassionate and experienced lawyers at Stanley & Co.
Follow the link below to read the Attorney-General’s brochure regarding the changes.
