Protection Orders

Fast legal protection from domestic violence and harassment under the Domestic Violence Act.

No one should have to live in fear. The Domestic Violence Act allows you to apply for a protection order prohibiting an abuser from harming, threatening or contacting you. Interim orders can be granted quickly, and breaching an order is a criminal offence.

What counts as domestic violence

  • Physical, sexual and emotional abuse: including intimidation, threats and degrading behaviour.
  • Economic abuse: unreasonably withholding money or property you need.
  • Harassment and stalking: including following, watching or repeated unwanted contact.
  • Coercive and controlling behaviour, damage to property and entering your home without consent.

Who is protected

The Act protects people in a domestic relationship, including spouses, partners, former partners, parents, children, family members and people sharing a household. For harassment by someone outside a domestic relationship, the Protection from Harassment Act provides similar protection.

In an emergency

If you are in immediate danger, contact the police on 10111. A protection order can be applied for at any time, including after hours.

When we can help

We assist people who are:

  • Applying for a protection order for themselves or their children.
  • Responding to a protection order they believe is unjustified.
  • Dealing with a breach of an existing order.
  • Seeking an order alongside a divorce or parenting dispute.
  • Experiencing online harassment or stalking.
  • Needing advice on safety, custody and the family home.

How the process works

From application to final order.

  1. Application
    An application is made to the magistrate’s court, in person or online, setting out the abuse and the protection needed.
  2. Interim order
    If there is evidence of abuse, the court can grant an interim protection order immediately, without the respondent being present.
  3. Service
    The interim order is served on the respondent, together with a return date for the final hearing.
  4. Return date
    Both parties may present their case. The court decides whether to grant a final protection order.
  5. Enforcement
    A warrant of arrest is issued with the order. If the order is breached, the respondent can be arrested and prosecuted.

A protection order can include conditions such as prohibiting contact, excluding the respondent from a shared home and seizing weapons.

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What to prepare

Helpful information for your application.

  • Dates and details of incidents of abuse.
  • Messages, emails, photographs or voice notes.
  • Medical records or reports, if any.
  • Names of witnesses.
  • Details of any children affected.

Common Questions

An interim protection order can often be granted on the same day the application is made, if the court is satisfied there is evidence of abuse.
No. There is no court fee for a protection order application, although you may choose to use a lawyer to prepare and present your case.
Breaching a protection order is a criminal offence. You can report the breach to the police, who can arrest the respondent using the warrant issued with the order.
Yes. Anyone with an interest in your wellbeing, such as a family member, counsellor or social worker, can apply on your behalf, with your consent unless you are unable to give it.
Comply with the interim order and obtain legal advice before the return date. You will have the opportunity to present your side to the court.

NEED PROTECTION OR ADVICE?

We act quickly and discreetly to help clients obtain, oppose and enforce protection orders.

Read more: Protection orders under the Domestic Violence Act

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This page is general information and not legal advice.

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