Protection Orders under the Family Law

Purpose of a protection order

A protection order is an interim measure designed to prevent continuing violence, threats, harassment or a serious risk of harm. Its immediate purpose is safety and secure access to the home, daily life and legal process for the victim and children.

Possible measures

• Exclusion from a home, property, school or workplace
• A prohibition on approaching within 200 metres of the victim or family members
• No contact by speech, writing, phone, email, message or social media
• Supervised, restricted or suspended contact with a child
• Surrender of a licensed or service weapon
• Round-the-clock physical police protection

Application and urgency

Under section 36, a victim may apply by an ex parte petition regardless of marital status or whether the parties live together, and may ask the Violence Prevention and Advice Centre to apply on their behalf. The court considers the application as soon as possible and must issue an order immediately if the statutory risk is established.

Proceedings concerning the application, service and enforcement are exempt from taxes, duties and fees. In immediate danger, contact the police and emergency support services without delay.

Evidence

• Police complaints and incident records
• Medical reports and photographs
• Messages, call logs and social-media records
• Witness details
• Earlier court orders and records of breach