Interstate orders

An ADVO made outside of New South Wales (NSW) is called an:

• Interstate Domestic Violence Order (DVO)
• Non-Local Domestic Violence Order (Non-Local DVO)
• Intervention Order
• Family Violence Order
• Family Violence Intervention Order
• Violence Restraining Order.

A Domestic Violence Order made in New Zealand is called a Foreign Order.

An Interstate Domestic Violence Order (DVO) made on or after 25 November 2017 is automatically recognised and enforceable in any Australian state or territory.

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. 

An interstate DVO made before 25 November 2017 is not automatically recognised in another Australian state, territory or New Zealand unless the PINOP applies to the Local Court for the DVO to be declared and nationally recognised. 

To apply for a declaration of any DVO, you will need to:

• go the Local Court and tell the registry staff that you want to apply for a declaration of the DVO
• provide a copy of the DVO
• provide evidence that the defendant has been served (given) a copy of the original DVO.

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 they are not satisfied that the defendant has been served (given) with a copy of the original DVO.

The defendant doesn’t need to be served with a declaration. However, if they aren’t served, it may be difficult to prove that the defendant knowingly breached the order.

Once the declaration is made, the DVO will be recognised and enforceable in any Australian state, territory or New Zealand.

Apprehended Personal Violence Orders (APVOs) are not nationally recognised and enforceable.

An APVO made in NSW may be registered in another Australian state or territory, or in New Zealand.

An APVO made outside of NSW is called an 'External Protection Order'. An External Protection Order can be registered in NSW by the PINOP or police applicant. 

To register an External Protection Order in NSW, you need to:

• go to the Local Court and tell the registry staff that you want to apply to register an External Protection Order
• provide a copy of the order you want registered
• provide evidence that the defendant has been served (given) a copy of the current order.

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 won’t have to appear before the Magistrate.

A copy of the registered External Protection Order can only be given to the defendant with the permission of the PINOP. If the PINOP doesn’t want the defendant to know their address, they don't have to give their permission.

Once registered, the order will operate as an APVO made in NSW.

The order continues to protect the PINOP 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.