Protection Orders

The Family Violence Act 2018, allows people to apply to the Court for a Protection Order.  The Court must be satisfied of three things before a Protection Order is granted:

• There must be a domestic relationship (somebody that you know well and not a stranger).
• The other party has used Family Violence against you or your children.  Family violence can be physical or psychological.
• The Protection Order must be necessary.

Family violence can include physical abuse, sexual abuse, and psychological abuse as well as other forms of harassment.

There are two ways to apply to the Court for a Protection Order.

Without Notice Application for a Protection Order

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This application is appropriate where the situation is urgent and your safety or the safety of your children is at risk. This application is most commonly applied for in domestic relationships between spouses or ex-partners but can include anyone who you have had a domestic relationship with, including other family members.

On Notice Application for a Protection Order

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If the legal threshold for an urgent Protection Order is not met, Morgan will make the application for a Protection Order on notice.  This allows the other party to file a defense before the Judge determines whether or not a Protection Order will be granted. 

If you or someone you know is in a relationship where there is family violence, a Protection Order is a way to protect that person from being in contact with the violent party.  A breach of a Protection Order is a criminal offence. 

Has a Temporary Protection Order being granted against you?

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Morgan also acts for clients who have had Temporary Protection Orders granted against them.  This means that your ex-partner (or somebody that you have had a domestic relationship with) has applied urgently to the Court on a without notice basis for a Protection Order against you.

If this has happened to you, you have the option of filing your defense documents to dispute what has been said about you.

You would have been directed to attend the Hamilton Abuse Intervention Programme.  This is automatically directed by the Court when a Protection Order is granted.  This is mandatory unless an Objection to Attend Programme is filed within 10 days of being served with the documents.  Morgan can file this objection for you as long as the time frames have been met. 

After your defense has been filed, the Court Registrar will (in most cases) set the matter down for a 3 hour hearing to determine whether or not the Protection Order becomes final. 

If a Temporary Protection Order has been granted against you, you are not permitted to contact the Applicant in any way. In doing so, you may be arrested by the Police and charged with Breaching a Protection Order. 

Disclaimer – Reading the information on this website does not form a client/solicitor relationship. The information on this website is very general and may not apply to your specific situation. Please seek a proper consultation with a lawyer prior to making any legal decisions. Do not solely rely on this information.