Everyone has the right to live without fear of violence or abuse. If you are experiencing violence in a relationship you can:
- apply for a domestic violence order to help stop the violence
- apply for an urgent temporary protection order
- Go to the police and report the violence or abuse so that they can press charges against the perpetrator.
Who can apply for a domestic violence order?
You can apply for a domestic violence order if you are experiencing violence in a relationship. The law requires you to be in a certain type of relationships to be able to apply for a protection order:
- an intimate personal relationship (married, de facto, registered relationship, engaged, couple)
- a family relationship (a parent, or former parent, of a child aged over 18, or your relatives who are over 18)
- an informal care relationship (where one person is dependent on the other person for help in an activity of daily living like dressing and cooking for them).
What can a domestic violence order do?
A domestic violence order can legally restrict the behaviour of the person who is being violent towards you (the respondent). The order requires as a standard condition of it that the respondent must be well behaved towards you and anyone else named in the order. You can include your children or other people in your order. Once an order has been made, it is illegal for them to breach the order and they can’t own a weapon or have a weapons licence.
How do I apply?
You can apply for a domestic violence order at a magistrate’s court or get a police officer, lawyer or someone you trust to apply for you. It is in your interests to get some legal advice before applying for a domestic violence order to ensure you meet the requirements for applying for one.
What happens when I apply?
For urgent applications
If you believe you are in danger of being harmed, and the normal application process won’t protect you quickly enough, you can make an application for an urgent temporary protection order. You’ll go to court soon after you apply and it will be done before the respondent is told about your application. You will be given another date when you and the respondent will have to go to court to tell the magistrate about your situation. If you have a lawyer, they may be able to go to this court hearing for you.
For non-urgent applications
After you’ve submitted your application, you will be given
a date to go to court. The date and a copy of your application will be given to the respondent. The respondent can choose to agree to a domestic violence order being made against them, oppose your application or ask for another court date to give them time to get legal advice. If they disagree, another court date will be made for a hearing.
What if the order is broken?
If a respondent breaches the order they can be charged with “breaching a domestic violence order”.
This is a criminal charge which is viewed very seriously by the criminal courts and has a maximum sentence of 5 years imprisonment. You should call the police immediately if the respondent breaks the conditions of the domestic violence order. The police will investigate. It will help the police if you have proof the order was broken, like recordings of abusive telephone messages, diary entries you made about the violence and the names of family, friends and neighbours who witnessed the behaviour.
If you have any fears for your safety or that of your children a protection order can help you. If you have immediate concerns that you, or your children are in danger call the police.
If you need help with knowing your rights and options in applying for a protection order we can help you!!