An Apprehended Domestic Violence Order (ADVO) made outside of New South Wales (NSW) is called an 'Interstate Domestic Violence Order (DVO)' or 'Non-Local Domestic Violence Order (Non-Local DVO)'. It may also be referred to as an Intervention Order, Family Violence Order, Family Violence Intervention Order or a Violence Restraining Order. A Domestic Violence Order made in New Zealand is called a 'Foreign Order'.
DVOs made after 25 November 2017
A DVO made on or after 25 November 2017 is automatically recognised and enforceable in any Australian state or territory. You do not need to make a separate application to register the DVO.
A registered foreign order will automatically be recognised in other Australian states and territories.
If the DVO is varied (changed) or revoked (cancelled) in any state or territory, it will automatically replace the original order.
DVOs made before 25 November 2017
A DVO made before 25 November 2017 is not automatically recognised in another Australian state or territory unless you make an application to any Local Court for the DVO to be declared and nationally recognised.
To apply for a declaration of any DVO, you will need to:
Depending on the Local Court, the registry staff may either give you the form, or help you complete the form. The registrar must make a declaration unless the registrar is not satisfied that the defendant has not been served (given) a copy of the original DVO.
The defendant does not need to be served with a declaration, however if it is not served it may be difficult to prove that the defendant knowingly breached the order. Before making an application to have your AVO declared, you should get legal advice.
Apprehended Personal Violence Orders are not nationally recognised and enforceable. You must register an APVO interstate to have it recognised.
An Apprehended Personal Violence Order (APVO) made outside of NSW is called an 'External Protection Order'. An External Protection Order can be registered in NSW by a protected person or police applicant.
To register an External Protection Order in NSW, you will need to:
Depending on the Local Court, the registry staff may either give you the form, or help you complete the form. The registrar may register the order straight away. Sometimes a magistrate may have to consider the order if there are any changes needed to make the order work under NSW law. Usually you will not have to appear before the magistrate.
Once the APVO is registered it has the same effect as an APVO made in NSW. It is then referred to as a 'Registered External Protection Order'.
A copy of the registered External Protection Order can only be given to the defendant with the permission of the protected person. If you are the protected person and you do not want the defendant to know your address, you do not have to give your permission.
The order continues to protect you in NSW even if the original order in another state or territory is revoked or varied. If the defendant wants to end or change the registered External Protection Order they must apply to the Local Court in NSW.