Your safety is your right. If anyone tries to threaten or intimidate you verbally, sexually, or physically, you can apply for a Personal Protection Order. The person responsible can be either a family member or someone unrelated to you (your neighbor or someone at your workplace). The Court issues Personal Protection Orders (PPOs) and Family Violence Orders (FVOs) when an individual requires protection from an act of family or personal violence.
The relation of the respondent with the victim describes the nature of violence. If the respondent is a family member – it’s family or domestic violence – and if they’re not related to the victim – it’s personal violence. Hence, many workplace violence claims also come under personal violence.
A PVO or FVO legally prohibits the respondent from engaging in violence with the victim. Family violence involves various situations of power imbalances within the family that lead to abuse in an attempt to establish dominance. Family members include present and former domestic/intimate partners, children, parents, and relatives.
Can I apply?
If you are a victim of personal or family violence, you can legally claim your right to issue a Family Protection Order or Personal Protection Order against your respondent. If you have children under 18, you can represent them and apply for them to live with you. However, if they are over 18, they are required to submit their application – unless their decision-making ability is compromised. In that case, the Court may appoint a litigation guardian, who will apply on behalf of the individual.
If you are a victim of family violence, you must prove your relationship with the respondent relevant to family relations. If you need to apply for a protection order – personal or domestic violence – you must fill out the application form, affidavit, and information sheet. Once your documents are complete, you can file them at the Magistrates Court. If you need the forms, they are available online and at the Court.
However, you need to file the application on weekdays between 09:00 am to 11:30 am. A judicial officer will accept applications during these specific time slots. The only exception is if there is an immediate threat of violence and the victim needs the protection order to ensure their safety.
If you are applying on an urgent basis, you can also apply for an interim order (emergency order). The Court issues interim orders for urgent cases only where the person’s safety or property is at immediate risk. In the case of an interim order, you will return for a conference in the next 4-8 weeks.
Contact one of our lawyers and discuss your case one-on-one for more legal advice. Our experienced lawyers will go through the details of your case to determine eligibility and gather any evidence or relevant documents needed to ensure victory.
Family or domestic violence
The person responsible for family or domestic violence must be related to you – there must be an intimate relationship between you and the respondent. The following factors can prove the intimate relationship
– Mutual dependence – including finances
– The length of the relationship
– Extent of involvement in each other’s lives – including children or other dependents
– The commitment towards each other
Based on family violence, a relevant person would be –
– A current or former partner/spouse – irrespective of sex and age
– A relative
– Children/dependents of the current or former partner
– Parent of your child
If a relevant person attempts any of the following acts with you, the Court will recognize it as domestic violence –
– Threats to personal safety – implying personal injury
– Threats to property
– Harassment and intimidation
– Sexual, emotional, and/or physical abuse
– Threats of physical harm to an animal
Standing up to a family member can seem risky, especially when you have dependents involved. However, with an experienced lawyer and an FVO, you can put an end to the safety threats and demand protection from the respondent.
Personal violence
In the case of personal violence, the person responsible for the damages and threats must not be related to you. If they attempt any of the following acts, the Court will recognize it as personal violence –
– Harassment and intimidation
– Threatening physical injury or property damage
In the workplace –
– Threatening physical injury or property damage of an employee
– Harassment and offensive behavior with an employee in the workplace
What happens after the application?
After you apply, the Court will set a date to call you and the respondent within the next 10 days for a return conference. However, you don’t need to see and communicate with your respondent. The return conference usually determines whether you and the respondent can resolve the matter with an agreement that wouldn’t require further court proceedings. The Court will settle the matter legally to allow no further discrepancies. The Court will ask the respondent to make undertakings and comply with the stated conditions.
Other possible outcomes
In the event that matter is not resolved, the Court will proceed with a hearing. Hence, you and your respondent must appear in Court, after which the Magistrate will give the final verdict regarding the protection order. An FVO can last for up to 2 years, while a PPO lasts for 1 year. The final order doesn’t imply that the person is charged with a criminal offense. However, in the case that the person breaches any of the mentioned conditions of the order, the police can arrest them based on a criminal offense.
In the case that the respondent doesn’t show up in the Court, the Magistrate will give the final verdict regarding the order. If the Court issues an interim order, and the respondent has any objections, they must file them 7 days before the conference. If they fail, the interim order will change to a final order.
You are allowed to withdraw your application. Moreover, if you don’t attend the conference, your application will be dismissed. Lastly, if the respondent refuses to agree to the orders, the Court holds a hearing to see any evidence you can provide for the protection order. However, if your application is made on dishonest claims, the Court may demand financial compensation for the respondent.
If you need any changes in the final Personal Protection Order, you can apply for an amendment at the Magistrates Court. You will need to fill out an application at the Court. However, if you need to revoke the final Personal Protection Order, the applicant – you or the police officer or litigation guardian (appointed for an adult with compromised decision-making ability) can apply for a review.
Contact United Legal lawyers today
If your safety is at risk, any application and court proceedings may seem like a tedious process to demand protection. Hence, you need experienced lawyers who can handle the process for you, gather relevant evidence, and ensure victory for your case. Moreover, at United Legal, our lawyers provide exceptional advice regarding the application and eligibility while assisting in the process. If you’re applying for an interim or need help in extending, withdrawing, or changing your applications, we can guide you through the process and represent you in Court.
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