The protection order system in each state and territory is slightly different. The orders have different names, the definitions of family violence that underpin them is different, the orders made can have different durations from months to years, and they apply to different relationships.
Protection orders are part of state and territory law. The family law system is part of the federal law system. This state/federal divide can be a problem.
State and territory magistrates have the power to include children as protected people on protection orders across Australia. Magistrates can also vary family court orders, where they think people are unsafe.
However, victim-survivors report some magistrates are reluctant to include children on protection orders. It’s also rare for magistrates to vary orders coming from the family court. This may be because some magistrates see the family law system as responsible for making orders about children.
This state/federal divide often requires victim-survivors to navigate two separate court systems to seek protection and resolve parenting or property disputes.
The disconnect between systems also facilitates systems abuse with respondents playing off systems against each other, delaying legal cases, forcing ongoing contact and further abusing victim-survivors.
In 2017 laws were changed so that a protection order made in one state or territory can be enforced by police in another state or territory. This ensures victim-survivors do not need to apply for a new protection order when they move interstate.
However, the presence of a protection order does not guarantee safety for victim-survivors. In 40% of cases where a woman was killed by a current or former partner, she had a protection order.
In some cases, police misidentify victim-survivors as the violent person and take out a protection order against the wrong party.
Source: Family violence protection orders can be a lifeline, but the system needs reforming