Protection Orders and the Protection Unit

Foreign Language Brochures:

Applying for a Domestic Violence or Protection Order:Chinese Traditional (PDF 666KB)
Chinese Simplified (PDF 648KB)
Dinka (PDF 330KB)
Farsi (PDF 286KB)
Vietnamese (PDF  251KB)

Responding to an application for a Domestic Violence Order:Chinese Traditional (PDF 654KB)
Chinese Simplified (PDF 629KB)
Dinka (PDF 324KB)
Farsi (PDF 228KB)
Vietnamese (PDF  228KB)

What is a Protection Order?

Protection Orders are made under the Domestic Violence and Protection Orders Act 2008. The basic aim of a Protection Order is to prevent violence through the provision of enforceable court orders. The orders seek not only to protect those people who experience violence but also those who may have cause to fear violence. 

There are three types of orders:

1.      Domestic Violence Orders -

a person’s conduct is domestic violence if it—

(a) causes physical or personal injury to a relevant person; or

(b) causes damage to the property of a relevant person; or

(c) is directed at a relevant person and is a domestic violence offence; or

(d) is a threat, made to a relevant person, to do anything in relation to the relevant person or another relevant person that, if done, would fall under paragraph (a), (b) or (c); or

(e) is harassing or offensive to a relevant person; or

(f) is directed at a pet of a relevant person and is an animal violence offence; or

(g) is a threat, made to a relevant person, to do anything to a pet of the person or another relevant person that, if done, would be an animal violence offence.

2.      Personal Protection Orders -

a person’s conduct is personal violence if the person—

(a) causes personal injury to someone (the aggrieved person) or damage to the aggrieved person’s property; or

(b) threatens to cause personal injury to the aggrieved person or damage to the aggrieved person’s property; or

(c) is harassing or offensive to the aggrieved person.

3.      Workplace Protection Orders

a person’s conduct is personal violence in relation to a workplace if the person—

(a) causes personal injury, or threatens to cause personal injury, to an employee in the employee’s capacity as an employee at the workplace; or

(b) causes damage to property, or threatens to cause damage to property, in the workplace in a way that causes reasonable fear in an employee; or

(c) is harassing or offensive to an employee in the employee’s capacity as an employee at the workplace.


How to apply for and respond to a Protection Order

For additonal information on how to obtain or respond to a Protection Order, select either

How do I apply for a Protection Order? or

How do I respond to a Protection Order?


Principles for making protection orders

The Court in deciding an application for a protection order considers:

(a)    for a domestic violence order—the need to ensure that the aggrieved person, and any child at risk of exposure to domestic violence, is protected from domestic violence; and

(b)    for a personal protection order (other than a workplace order)—the need to ensure that the aggrieved person is protected from personal violence; and

(c)    for a workplace order—the need to ensure that employees and other people at the workplace are protected from personal violence at the workplace.

Registering your Order interstate or registering an interstate Order in the ACT

Currently Orders granted in a State or Territory are not enforceable in another State or Territory unless you have them registered through the local Court in that State or Territory.  For further information click here.


Protection Unit

The Protection Unit is responsible for the administration of applications under the Domestic Violence and Protection Orders Act 2008 and the Domestic Violence and Protection Orders Regulation 2009.  The Protection Unit can provide you with further information regarding the lodgement of forms.

Forms

A person wishing to apply for a Domestic Violence Order, a Personal Protection Order or a Personal Protection Workplace Order must first complete the appropriate application along with an affidavit and information sheet. The relevant papers are to be lodged at the Magistrates Court building.

Other applications and forms to do with domestic violence and protection orders are also available from this website.