A Protection Order can be obtained under the Domestic and Family Violence Protection Act 2012 if the Court finds that two people were in a relevant relationship, there was an act of domestic violence and that it is necessary or desirable for a Protection Order to be in place.

A relevant relationship is one between current or former partners or spouses (an intimate personal relationship, whether married or de facto), as well as parents, children, siblings, parents in law, informal carers and others.

The term ‘domestic violence’ is broadly defined. Domestic violence can be behaviour such as financial abuse, psychological abuse, emotional abuse, sexual abuse, or physical abuse.

Financial abuse includes controlling a persons access to money or bank accounts. Psychological or emotional abuse includes coercive and controlling behaviour, harassment, repetitive texting or calling, social media comments, distributing images, controlling who a person interacts with or leaving them isolated from friends or family. It can also include threats of self harm or suicide, where they are done as a form of manipulation or control of a person in the relevant relationship.

Whether a Family Violence Order is necessary or desirable to remain in place, is a consideration that the Court must make. Consideration is given to the distance between where the parties live and interact, whether they have an ongoing work or family relationship, the type of domestic violence which occurred and its likelihood of reoccurring, and many other factors.

An order is usually made for a period of 5 years and respondents cannot apply for a weapons licence for 5 years. An application to vary or revoke an Order can be made by any party to shorten the period of the order. Sometimes orders are made for periods of 1 – 2 years.

Children of the aggrieved and other family members can be listed as a named person in an order and protected in the same way as the aggrieved, even if they have not directly suffered acts of domestic violence but have been exposed to acts of domestic violence.

A domestic violence order can be made ordering a respondent to an application to move out of a house and not return (an ouster order) on the first court date after an application is filed.

If circumstances change, an application can be made for an order to be varied by removing or adding conditions or even to revoke the order completely.

As the Respondent, it is important to remember that this is a civil application. You are not found guilty of any offence in these proceedings. However, there can be findings of fact that certain events happened.