Make All Restraining Orders Indefinite

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The Issue

Make All Restraining Orders Indefinite by Default (Until Further Order)

 

Why would we put a time limit on a protective order?

 

When someone is subjected to domestic abuse or stalking, the emotional and psychological scars often last far beyond the legal timeframe of a typical restraining order. Victims are forced to constantly relive their trauma when their protective order runs out, enduring the anxiety of reapplying for what should be a basic safety measure. The current system of time-limited restraining orders places undue stress on victims and does not reflect the long-term nature of the threats they face.

We all know that abusers can and do breach orders, but it's usually all a victim can hope for in terms of longer term protection beyond any temporary punishment or other arbitrary sanction. Whilst not a panacea, such orders to impose a legal framework - with consequences for their abuser - to at least try to open up a victim's world, which has been shaken and closed down by their abuser. Why this is only usually granted for 2, 3, 5 or 10 years is beyond me.

In cases of domestic abuse, stalking, and harassment, the danger does not necessarily disappear with the expiration of a court order. In fact, many abusers and stalkers lie in wait, ready to reassert control once the protection expires. By imposing a time limit, we are asking victims to continuously navigate the justice system, retraumatising them each time they are required to prove their need for protection.

Restraining orders are not punitive measures—they are protective. They exist not to punish the perpetrator, but to safeguard the victim from further harm. If this is the case, why should these orders be treated as temporary fixes? A time-limited restraining order can give a false sense of security to both the victim and society, while leaving room for renewed abuse or stalking when the order is no longer in place.

 

We propose that all restraining orders should be indefinite by default, subject to review only if necessary. By doing so, we would be granting victims the lasting protection they deserve without the burden of repeated court applications. This approach allows victims to rebuild their lives without the looming fear of their protection being taken away after a certain period.

 

We believe that victims of abuse and stalking deserve lasting protection, not temporary measures. Join us in calling for all restraining orders to be indefinite (until further order) by default. Let’s remove the unnecessary barriers for victims and ensure that their safety is treated as the priority it truly is.

 

Sign the petition today and help create a system where victims are truly protected,  for as long as possible.

 

avatar of the starter
David ThomasonPetition StarterDetective Sergeant. Specialising in the Policing of Stalking

The Decision Makers

Federal Court
New South Wales Government, Victorian Government

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