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Urgent Property Order more accessible under new Family Violence legislation

May 22, 2019

The current Domestic Violence Act 1995 provides for urgent property orders, but only in limited circumstances. The new Family Violence Act 2018 widens the grounds on which urgent property orders can be made, and better reflects the realities of domestic violence.

Protection orders are the most common application made under the Domestic Violence Act 1995 (“the DVA”). Protection orders are often filed on an urgent, or ‘without notice’ basis. When a without notice application is made the Court has the ability to make a Temporary Protection Order on the basis of the applicant’s evidence alone and a Judge decides whether to make an order or not within hours of the application documents being filed. If an application is made on notice, or if a without notice application is placed on notice by the Court, it can take months for a Judge to make a final decision on whether a protection order should be made.

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