In 2020, the Domestic Violence (Amendment) Act redefined domestic violence to include the sharing of intimate images and the giving of offensive material or leaving it where it would be found or brought to the attention of the person.

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Before this amendment, only persons within certain specific categories of relationships could apply for a protection order. The Act expanded the types of relationships covered by the Act so that now victims of revenge porn could apply for a protection order against the person sharing the intimate media if they:

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• are a spouse or former spouse;
   

• are a cohabitant or former cohabitant;
   

• are a child;
   

• are a dependent;
   

• are a relative;
   

• are a fiancé / fiancée or former fiancé / fiancée;
   

• are in a visiting relationship;
   

• are in a dating relationship (where the parties don’t live together in the same household but are involved in a romantic, intimate or sexual relationship);
   

• are members of the same household;
   

• have a child in common with the respondent; and
   

• are relatives through marriage – in some cases.
   

If the parties share one of these relationships, the victim of the revenge porn may apply for a protection order. Although protection orders may have certain conditions attached (including the payment of compensation to the victim), a protection order is not a finding of criminal guilt.

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If you share one of these relationships with your abuser, you can apply for a protection order even if there's been only one incident (act, commission or threat) against you. This is not limited to revenge porn but applies to any act which, under the Act, counts as domestic violence.

If you do apply for a protection order, you will be referred to as 'the applicant' and the person against whom you're seeking a protection order will be referred to as 'the respondent'.

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What are the conditions which may be attached to a protection order?

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The court may attach any of the following conditions:
 

• prohibiting the respondent from:
   

  • engaging or threatening to engage in conduct which would constitute domestic violence towards the applicant; 
     

  • being on premises specified in the Order, that are premises frequented by the applicant including any residence, property, business, school or place of employment;
     

  • being in a locality specified in the Order; 
     

  • engaging in direct or indirect communication with the applicant; 
     

  • taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant, as the case may be;
     

  • approaching the applicant within a specified distance; 
     

  • causing or encouraging another person to engage in conduct referred to above.

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• directing the respondent to:
   

  • return to the applicant specified property that is in his possession or under his control;
     

  • pay compensation for monetary loss incurred by an applicant as a direct result of conduct that amounted to domestic violence; 
     

  • pay interim monetary relief to the applicant for the benefit of the applicant and any child, where there is no existing order relating to maintenance until such time as an obligation for support is determined, pursuant to any other written law; 
     

  • immediately vacate any place or residence for a specified period, whether or not the residence is jointly owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant; 
     

  • relinquish to the police any firearm licence, firearm or other weapon which he may have in his possession or control and which may or may not have been used; 
     

  • make or continue to make payments in respect of rent or mortgage payments for premises occupied by the applicant; 
     

  • ensure that reasonable care is provided in respect of a child or dependant person; 
     

  • or applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing. 
     

Again, the grant of a protection order is not a finding of criminal guilt. It is only if the order is breached will a criminal offence have been committed. On the first conviction, the offender may be punished by a fine of $50,000.00 and to imprisonment to one year, on the second conviction by a fine of $150,000.00 and to imprisonment for three years and on any further conviction by a fine of $250,000.00 and to imprisonment for five years. 

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How do I apply for a protection order?

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1. Go to your District Criminal and Traffic Court (formerly the Magistrate's Court) to speak with the Magistracy Registrar and Clerk of the Court (formerly the Clerk of the Peace).
    

2. They will determine whether you may apply for a protection order and will assist with the relevant documentation.
    

3. A summons will be issued and you will be given a date to appear in court.
    

4. When you appear in court, a further hearing date may be given or if it is an emergency or where there’s an immediate threat, an interim protection order may be granted.
    

5. If a protection order is granted, copies will be given to you and the respondent. You should also ensure the police in your district have a copy of the order.

​Does the 2020 Act go far enough? Many developed countries have outrightly criminalised revenge porn. Although the protection order framework is somewhat of a step in the right direction, it's a far throw from criminalising revenge porn.

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Last updated 05 November 2021.