A protection order can help ensure your safety and the safety of your family.

A protection order is a legal order made by the Court to protect you and/or your family from a person who is, or was, in a family relationship with you (the Respondent) and who has been violent, threatening, or abusive. The primary purpose of a protection order is to ensure your safety and the safety of your family, and to prevent further harm.

What is Considered a Family Relationship?

You are considered to be in, or to have previously been in, a family relationship with someone if they were your spouse or partner, a member of your family, someone with whom you ordinarily share or shared a household, or a person with whom you have had a close personal relationship with.

What is Family Violence?

Protection orders are sought in situations involving family violence. Family violence (sometimes referred to as domestic violence or abuse) is broader than many people realise. It does not only involve physical harm.

The following are types and examples of family violence:

Physical Abuse

Physical abuse includes any intentional use of force against you or a family member. This may include hitting, kicking, pushing, choking, restraining, or any other act that causes physical discomfort.

Sexual Abuse

Sexual abuse involves any sexual behaviour that occurs without your consent. Sexual abuse can occur within intimate or family relationships, including marriages and de facto relationships.

Psychological or Emotional Abuse

Psychological abuse includes behaviours intended to control, intimidate, or undermine you, such as:

o Threats of physical harm to you, your children, pets, or others that will cause you emotional distress

o Intimidation or harassment, including repeated unwanted contact

o Verbal abuse, humiliation, insults, or constant criticism

o Isolating you from friends, family, or support networks

o Monitoring your movements, communications, or online activity

o Economic or Financial Abuse: such as preventing you from working or studying, withholding money for basic necessities, forcing you to hand over your income, and incurring debts in your name without consent

o Deliberately damaging or destroying your personal property, home, or belongings (including items dear to you)

o Exposing a child to family violence: such as allowing them to hear, witness, or otherwise be affected by abusive behaviour

Abuse can take many forms and that repeated patterns of controlling or coercive behaviour can be just as damaging as physical violence.

When Can a Protection Order Be Made?

A protection order may be granted where the Court is satisfied that a person with whom you are, or have been, in a family relationship with has subjected you to family violence, and that the order is necessary to protect you or your family from future harm. Each case is assessed on its own facts.

In urgent situations, the Court may make a temporary protection order to provide immediate protection. A matter that is treated as urgent is one where a delay would create a risk of harm and/or cause undue hardship to you or your family. Again, each case is assessed on its own facts.

General Conditions of a Protection Order

A protection order places legal and enforceable restrictions on the Respondent. These are labelled as conditions under the protection order. The conditions that generally apply to the Respondent under the protection order include preventing them from contacting you directly or via a third party, coming near you, or engaging in further abusive behaviour.

While the Temporary Protection Order is in place, you may allow the Respondent to contact you. You can withdraw your consent to the Respondent contacting you at any time. If the Respondent continues to contact you despite knowing that you have withdrawn your consent, they will be breaching the Protection Order.

Breaching a protection order is a serious matter and may result in criminal charges. Only the Police can enforce a protection order and criminally charge the Respondent with a breach. If the Respondent breaches the protection order, we recommend that you contact the Police immediately to report the breach so that it can be dealt with appropriately.

Getting Legal Representation

Seeking a protection order can feel overwhelming, particularly during an already stressful time. Legal advice can help you understand your options, prepare your application, and ensure your safety is prioritised throughout the process.

If you are experiencing family violence or are concerned about your safety or the safety of your children, we encourage you to seek legal advice as soon as possible. There are also support services available to assist you alongside the legal process.

If you would like help or have questions about protection orders, please contact our office for confidential advice tailored to your circumstances.

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