NATIONAL DOMESTIC VIOLENCE ORDERS SCHEME

WHAT IS THE NATIONAL DOMESTIC VIOLENCE ORDERS SCHEME?

The National Domestic Violence Orders Scheme (NDVOS) began on 25 November 2017. All domestic violence orders (DVOs) issued from 25 November 2017 are automatically nationally recognised and enforceable in every state and territory in Australia. 

DOMESTIC VIOLENCE

In the context of the National Domestic Violence Orders Scheme, certain definitions are very important. These terms are defined in legislation and are defined in somewhat wider terms than one would normally expect.  

What is Domestic Violence?

Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing. It is usually a pattern of abusive and controlling behaviour taking many forms. It happens in intimate, family or informal care relationships. 

Regardless of age, culture, sexuality or gender identity, you have the right to live without fear. 

Domestic violence includes a wide range of behaviours that control or dominate someone or cause them to fear for their personal safety or wellbeing. These behaviours may include: 

  • physical or sexual abuse—punching, hitting, choking, or threatening to punch or hit, forcing a person to participate in sexual acts, damaging someone’s property or threatening to damage property, including hurting or threatening to hurt pets 
  • emotional or psychological abuse—stalking, repeated text messaging, making insulting comments, calling someone names, blackmailing or extorting, preventing contact with family and/or friends, controlling someone’s appearance, putting them down, threatening to expose their sexual orientation 
  • economic abuse—denying, withholding, controlling or misusing money or property, or threatening to do so 
  • threatening behaviour—saying things or acting in a way to make someone feel afraid, threatening to commit suicide or self-harm, stalking 
  • coercive behaviour—forcing, intimidating or manipulating a person to do things they don’t want to do, such as sign a contract (e.g., for a loan) or a legal document giving another person power over their affairs (e.g., power of attorney). 
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      Domestic violence extends to children seeing violence, like their parent being hurt, being called names, things being broken or police arriving. 

      Who is a Spouse?

      A ‘spouse’ is defined to mean: 

        • either one of a male or female who are or have been married to each other; 
        • either one of the biological parents of a child, whether or not they are or have been married or are residing or have resided together; or 
        • either one of two persons, whether they are the same or the opposite sex, who are residing or who have resided together as a couple. 

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        What is an Associate?

        An ‘associate’ is a person whom the aggrieved spouse regards as an associate or who regards himself or herself as an associate of the aggrieved spouse. However, it must be reasonable to regard that person as an associate. Examples of associates are : 

            • a person who works at the same place as the aggrieved spouse; 

            • a person who resides at the same place as the aggrieved spouse; or 

            • a person who belongs to the same church, club, or other type of association as the aggrieved spouse.  

          Who is a Relative?

          A ‘relative’ is a person whom the aggrieved spouse regards as a relative or who regards himself or herself as a relative of the aggrieved spouse. However, it must be reasonable to regard that person as a relative. It must also be borne in mind that some people, such as Indigenous people, or people with particular religious beliefs, have wider concepts as to who is a relative.  

          national domestic violence orders scheme

          WHEN CAN A COURT MAKE A DOMESTIC VIOLENCE ORDER?

          The National Domestic Violence Orders Scheme affirms you can apply for an FVO if a family member has engaged in any of the following behaviour:  

            • Physical violence or abuse  
            • Sexual violence or abuse  
            • Emotional or psychological abuse  
            • Economic abuse  
            • Threatening behaviour  
            • Coercion or any other behaviour that:   

                • controls or dominates the family member; and
                • causes the family member to fear for their safety and wellbeing or that of another person.     

              The definition of family violence is very broad. It includes situations where there are power imbalances in a family setting, such as:

                • Sexually coercive behaviour  
                • Damaging property  
                • Harming an animal  
                • Stalking  
                • Deprivation of liberty.    

                A family member is:  

                  • A domestic partner or former domestic partner  
                  • An intimate partner or former intimate partner  
                  • A relative  
                  • A child of a domestic partner or former domestic partner  
                  • A parent. 

                  PERSONAL PROTECTION ORDER

                  According to the National Domestic Violence Orders Scheme, you can apply for a PPO if someone has committed violence against you and it is not a family member. This means they are not related to you and have not lived with you. For example, this could include a neighbour or someone you have worked with.  

                  Personal violence includes:  

                    • Physical violence or abuse
                    • Sexual violence or abuse
                    • Threatening behaviour
                    • Stalking  
                    • Harassing, intimidating or offensive behaviour  
                    • Damaging property.

                    INTERIM ORDERS

                    An interim order is an emergency order. An interim order will last until other orders have been made. Generally, an interim order will only be made in urgent cases, where it is necessary to protect a person or their property. Usually, interim orders are only made when applying for a final order. However, there are exceptions to this. A special interim order may be made where the person who used violence has been charged with a related violence offence. In all other situations, a general interim order may be made. 

                    After an application is made, the Court will set a date for a return conference (usually within 2-10 days). This will mean that both you and the other person have to return to court. However, you do not have to see the other person if you do not wish to. A return conference occurs to determine whether you and the other person can resolve the matter by agreement. This may prevent further court proceedings.    

                    If the matter is not resolved, a hearing will occur. Both you and the other person will go before a Magistrate who will decide whether an order should be made.  

                    A final order for an FVO can last up to 2 years. A final order for a PPO can last up to 1 year. 

                    KNOW WHAT YOU CAN DO

                    Although a DVO is automatically recognised and enforceable across Australia, state and territory laws for protecting victims may differ. Read our other articles for information about DVOs for different states and territories: