Protection Orders and Domestic Violence: Understanding Your Rights
Before diving into the topic, it is important to understand key terms such as:
- Applicant: The person seeking protection.
- Accused/Respondent: The individual being accused.
- Clerk: The person assisting with legal forms.
- Court: The legal institution managing cases.
What is a Protection Order?
A Protection Order, or Order of Protection (PO), is a legal document issued by a court that enforces specific guidelines to protect the Applicant from further harm by the Respondent. If the Respondent violates these rules, an arrest warrant can be issued.
The goal of a Protection Order is to stop abusive behavior, be it physical, emotional, or financial, from continuing.
What is Domestic Violence?
Domestic violence, also known as relationship abuse, involves consistent patterns of controlling behavior where one partner exercises dominance over the other.
Abuse can range from physical harm to emotional manipulation, and in some cases, the legal remedy is a Protection Order.
I am being abused. What should I do?
If you’re experiencing abuse – whether emotional, physical, or financial – you should consider applying for a Protection Order to ensure your safety. Abuse encompasses various behaviours that attempt to control or manipulate another person in a relationship.
Here’s what to do:
- Gather Evidence: Record any incidents of abuse, including dates, times, and descriptions.
- File for a Protection Order: Approach the Domestic Violence Court to begin the legal process. The Protection Order will require details about the incidents and the rules you want enforced.
What Rules Can You Request in a Protection Order?
Some typical guidelines you can request include:
- No communication with you (calls, texts, etc.).
- No physical proximity (e.g., staying at least 250m away).
- No spreading of information or contact with your workplace or residence.
What Happens After Filing?
Once you file, the Clerk will pass your file to the Magistrate, who may issue:
- An Interim Protection Order, granting immediate protection.
- A request for both parties to appear in court to present their sides.
If the order is granted, the police will notify the Respondent, who may be arrested. In some cases, the Applicant might receive a Warrant of Arrest, depending on the circumstances.
What Happens if the Protection Order is Breached?
If the Respondent violates the Protection Order, the Applicant can take action by filing a warrant of arrest. The court will consider any evidence presented and may enforce the consequences of breaching the order.
What Grounds Do You Need for a Protection Order?
You must provide evidence of abuse, which may include:
- Stalking or obsessive behavior.
- Physical, emotional, or financial abuse.
- Threats or public humiliation.
- Malicious prosecution or false accusations.
How to Apply for a Protection Order
To apply, visit the Domestic Violence section of the court, request a protection form, fill it out, and submit it to the Clerk. The Magistrate will review your case and make a ruling based on the evidence.
What if the Applicant is Breaching the Order?
If the Applicant is breaching the order themselves, gather evidence such as recordings or written documentation. If necessary, consult an Attorney to contest the case.
Legal Support Without an Attorney
If you don’t have a Lawyer, ensure you fully understand who the opposing party’s Lawyer is and never back down when pressured. Be cautious of manipulative tactics, like being asked to “stand the matter down,” which may work against you in court.
The Child Protection Unit
If your case involves children or if you suspect child abuse, the Child Protection Unit may be involved.
The Child Protection Unit, also known as the Family Violence, Child Protection, and Sexual Offences (FCS) Unit, handles child protection cases.
For more information, check out our blog post on the Child Protection Unit.
Final Thoughts
If you are facing abuse, understanding your rights and how to obtain a Protection Order can be life-changing. By applying for a Protection Order, you are taking steps to protect yourself from further harm.
If children are involved, their safety is paramount, and working with the Child Protection Unit may be necessary.
Disclaimer:
Disclaimer: The information provided in this blog post is based on general knowledge and personal experience. It is intended for informational purposes only and should not be construed as legal advice. For specific legal assistance, guidance, or advice regarding Protection Orders, domestic violence cases, or other legal matters, it is highly recommended to consult with a qualified attorney or legal professional. The Au Pair Club cannot be held responsible for any actions taken based on the content of this article. Always seek professional counsel for legal concerns.
