If you need urgent assistance or your safety is at immediate risk call the Police on 000
If you require information about available domestic violence services or emergency accommodation please call the Domestic Violence Crisis Service: at www.dvcs.org.au or on their 24hrs crisis line 02 6280 0900
Personal Protection and Workplace Protection Orders
A Personal Protection Order or a Workplace Protection Order may made by the Court to prohibit someone from engaging in personal violence towards an individual or for a workplace.
What is Personal Violence?
Personal Violence is behaviour by a person in relation another that may include:
- Physical violence or abuse;
- Sexual violence or abuse;
- Threatening behaviour;
- Stalking;
- Harassing, intimidating or offensive behaviour;
- Damaging property
In relation to a workplace this may include those matters in (a)-(e) in relation to a person at the workplace; or in relation to property damage at the workplace, that causes reasonable fear to a person at the workplace.
Who can apply?
You may apply for a:
If you have been affected by personal violence by the person against whom you seek a Personal Protection Order. A person may apply for their child or children who ordinarily live with them.
If your children are over the age of 18 years old, they must make their own application unless they have impaired decision making ability. If your adult child has impaired decision-making ability, you may be appointed as their litigation guardian.
A litigation guardian may apply on behalf of someone who has impaired decision making abilities.
A police officer may apply on behalf of an affected person.
Workplace Protection Order
If you are the employer for a workplace may make an application for a Workplace Protection Order.
How do I apply?
You can apply for a Personal Violence Order by filling in;
These forms must be lodged at the ACT Magistrates Court, Knowles Place, Canberra.
Other Common Terms Explained:
Who is an Affected Person?
For a Personal Protection Order a person against whom personal violence has been or is likely to be committed;
For a Workplace Protection Order, an affected person is a person against whom personal violence has been or is likely to be committed, being an employee, the employer or another person at the workplace.
Who is a Respondent?
The Respondent is a person against whom you seek a Personal Protection Order or a Workplace Protection Order
Who is a Protected Person?
A Protected Person is a person who is protected under a protection order.
I have received an application for an Order/I have been served with an Interim Order – What do I do?
You will have received a notice setting out the time and date that you are required to come to Court.
The matter will be set for a preliminary conference.
If you have been served with an Interim Order, if you agree to the Order being in place, you may complete the endorsement copy of the order that you have received and return it to Court.
If you do not agree to the application for a Personal Violence Order, you must attend Court on the date of the preliminary conference or be represented by a lawyer. If you do not attend Court on this day, a final order may be made in your absence.
Going to Court
The ACT Magistrates Court is located at 4 Knowles Pl, Canberra ACT 2601
When you arrive at the ACT Magistrates Court, proceed to the counter.
The staff at the Court will be able to assist you with procedural advice. If you are seeking legal advice, you may be directed to ACT Legal Aid. ACT Legal Aid have an office at the ACT Magistrates Court and can assist you in completing your application. You can contact ACT Legal Aid on (02) 6207 1874.
If you need urgent protection, you will need to advise the Court on the application form that you are seeking an interim order.
At the time you make an application you will be advised of a date for a preliminary conference.
If you are unable to attend court in-person
You are expected to appear in person for preliminary conferences and hearings. If you are represented by a solicitor, your solicitor may appear on your behalf for directions lists.
There are times when you may apply to appear remotely or adjourn the matter (have it moved to another date). For example:
- if you are residing interstate and can provide both evidence to support this and a reasonable explanation for why you are unable to travel.
- you are unable to attend court due to illness or injury. On this basis, medical evidence is required and must be provided with your application. A medical certificate stating that you are unfit for work is not sufficient. Further information is available here: Unable to attend the Magistrates Court due to illness or injury? .
- other requests will be considered in line with the Practice Direction.
Applications containing all required information must be received at least 48 hours prior to your appearance time. Applications received less than 48 hours of the hearing time may not be considered.
Until you receive written confirmation that you are not required to attend court in-person, the matter remains listed and you are required to attend court. If you do not attend court the matter may proceed in your absence.
Applications to appear remotely at hearings
Applications to appear remotely for the hearing of a matter must comply with the below directions and will be considered by the presiding magistrate. Applications containing all required information must be received at least 48 hours prior to your appearance time.
Applications received less than 48 hours of the hearing time will only be considered if exceptional circumstances exist. These applications must be supported by evidence.
If you wish to appear remotely in your matter you must make an application to the court seeking leave to appear remotely. Your application must be sent to Protection@courts.act.gov.au at least 48 hours prior to the scheduled listing, and must include the following:
- Why you are unable to attend in person.
- What technology will be used to facilitate your appearance.
- The exact location and environment that you will appear from.
- What facilities are available to access documents which may be relied on in the proceedings.
- Direct email address for the person seeking to appear remotely.
An application that does not comply with the above directions may not be actioned.
Frequently Asked Questions |
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What if I need immediate protection?
If you require immediate protection, you may apply to the Court for an Interim Personal Violence Order at the time that you apply for a Final Personal Violence Order.
The Court may make an interim order if satisfied that the order is necessary to ensure your safety from personal violence, or to prevent substantial damage to your property (for personal protection orders) or property at a workplace (for workplace protection orders).
Mark the box on page 2 of the application form and provide an explanation and supporting evidence as to why you need immediate protection through an Interim Personal Violence Order.
The Court will schedule to hear your interim order application within 2 days after the day the application is received (in line with s47 of the Personal Violence Act 2016 (ACT)).
The Court is not open on weekends or public holidays.
If you need urgent protection, including after business hours or on public holidays, please call the ACT Police on 000 or 131 444. The Police may apply for an after-hours family violence order on your behalf.
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If I have children can they be protected by a Personal Violence Order?
Yes. You can seek an order protecting your children (or children who live with you) from personal violence.
If your children are over the age of 18 years old, they must make their own application unless they have impaired decision making ability. If your adult child has impaired decision-making ability, you may be appointed as their litigation guardian.
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How much does it cost to lodge an application?
There are no court fees for making an application for a Personal Violence Order.
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Will the other party know where I am living?
Not if you do not want to disclose your address. You will be asked to provide to the Court details of your address. The applicant will be asked to provide information they have about where the respondent can be located.
Personal address information will be used for the police and the Court to serve any documents or to advise you or the respondent about the court proceedings.
Your personal contact details (including your address and telephone number) will not be provided to the other party unless you give the Court permission to do so.
If you do not want the respondent to know where you live, please do not put your address on the application form. Only provide these details in the private and confidential form and the notice of address for service.
A registrar refused my application for an interim order. How do I seek a review of the decision?
Where the Registrar refuses an application for interim orders, an applicant may request a review of the decision. A request to review the decision must be made before close of registry (ie 4:30pm) on the day the decision is made.
A request to review may be made by notifying the Registrar in court immediately after the decision to refuse an interim order is made. Alternatively, a request to review the decision may be made by attending the court registry counter or by emailing protection@courts.act.gov.au
The application will be listed before a Magistrate no later than two days after the request to review the decision is received.
What is a preliminary conference?
A preliminary conference is a meeting with a deputy registrar of the Court. The deputy registrar will seek to determine whether the application can be settled by consent before the application is heard by a Magistrate.
You will be required to attend a preliminary conference:
- If an application for an interim order is made, as soon as practicable after the application for an interim order is heard;
- If an interim order has not been applied for, the preliminary conference will be set for a time and date as soon as practicable after the application was lodged with the court.
This will usually be within three weeks of the above.
If you do not attend Court on the day of the preliminary conference, the Court may make a decision about the application in your absence.
Will I need to meet with the other party at the preliminary conference?
No, the other party will be required to attend Court at the same time. But they will not be in the same room as you. The deputy registrar will go between yourself and the other party to discuss whether the application can be settled by consent.
If you have concerns for your safety at Court please advise the staff at the counter and they will assist you.
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What if the other party and I can not agree at the preliminary conference?
The deputy registrar will provide you with a date that the matter will be heard by a Magistrate. This will not happen on the same day as the first preliminary conference.
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What happens on the day of a hearing?
You will meet with a deputy registrar. The deputy registrar will discuss with you and the other party (again in a separate room) about whether you can agree.
If not, you will proceed before a Magistrate. You will need to be prepared to run your case. You need to bring to Court on the hearing day, any evidence or witnesses that you will be relying on to support your case.
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When do I need a litigation guardian?
You will need a litigation guardian if you have impaired decision-making ability.
A person has impaired decision-making ability if the person—
- cannot make decisions in relation to the proceeding; or
- does not understand the nature and effect of the decisions the person makes in relation to the proceeding.
If you are a respondent to an application and you are between the ages of 10 and 14 years, you will be taken to have impaired decision making and will need to appoint a litigation guardian.
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Who can be my litigation guardian?
Any adult who does not have impaired decision making ability may be appointed as a litigation guardian. If you do not have an adult who can assist you, you can ask the Public Advocate to be your litigation guardian.
Contact the Public Advocates office on: (02) 6205 2222
Public Advocate Website
A person may be appointed as a litigation guardian by completing ‘a Statement for appointment as a litigation guardian'.
How long does a Personal Violence Order last?
An interim order is in place for the length of time specified on the order. This may be until a specific date or until a final order has been made by the Court. A Final Personal Violence Order will usually be in place for 12 months. However, the Court may make this longer if there are special or exceptional circumstances.
If a respondent is not present at court at the making of a final order and the general interim order in place would expire before the final order is served on the respondent, then the interim order is extended until the final order is served on the respondent.
If the final order is unable to be served on the respondent despite reasonable attempts by police, the general interim order is extended for the period that the final order would have been in place had it been served on the respondent.
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What if I need a change to the Personal Violence Order in place?
You may apply to the Magistrates Court for an amendment to the Order. An application may be made by lodging an application for amendment at the ACT Magistrates Court.
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What if I want the Final Personal Violence Order revoked?
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I have been notified by the court that I can appear remotely. What do I need to know?
- You are required to appear via Audio Visual Link unless you have been granted specific leave to appear by telephone.
- You must be immediately available when called on. This includes being available throughout the entire period of the attendance/appearance. If you are not available when called, it will likely be treated as a non-appearance and may have legal consequences.
- Contact details must be direct to you.
- You must be in a suitable, quiet environment. You cannot appear from outside a building or from a motor vehicle.
- Your device must be sufficiently charged.
- You should have sufficient technical capability to fully participate in proceedings. This includes sufficient internet bandwidth.
- You are not permitted to record court proceedings without leave of the court.
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If I am under the age of 18 years old and a protected person on an order, do I need to apply for a new order after I turn 18 years old?
If the Court makes an order including a child or young person as a protected person, the order continues to be in force when the protected person turns 18 years old.
The order will remain in force until:
- the end of the stated time on the order; or
- an application for a final order is withdrawn by the Applicant (if the order is an interim order); or
- new orders are made by the Court.
Protected persons seeking to change a protection order can make an application to the Court to amend an order. The counter staff at Court can provide this paperwork to you. The application forms can also be found here:
Persons who are also subject to an order made under the Family Law Act 1975 should seek legal advice about how a parenting order made by the Family Court interacts with a family violence order made by the ACT Magistrates Court.
More information about complying with orders of the Family Court and the Magistrates Court can be found on the Federal Circuit and Family Court of Australia website: https://www.fcfcoa.gov.au/fl/fv/orders