1. Protection Order information for respondents

Protection Order information for respondents

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Overview

The Family Court can make a Protection Order to help protect someone against family violence. You’ll be notified if you’ve been named as a respondent in an application.

When you're named as a respondent in an application

If someone has applied for a Protection Order against you, you’ll receive a ‘Notice of Application’. Property and Furniture Orders can be applied for at the same time as a Protection Order.

You may also receive a Temporary Protection Order. This means a judge has agreed to grant a Protection Order urgently. This is only temporary, and you’ll still have time to respond if you want to have your views heard or defend yourself against the application.

Make sure you read all the documents so you understand what has been applied for and what you must do.

Protection Orders

Property and Furniture Orders

Responding to the Notice of Application

You should respond if you want your views heard or you want to defend yourself against the application. The documents you receive will tell you how long you have to respond and when you need to go to court. If a Temporary Protection Order was granted, you’ll have 90 days to respond.

Respond to an application for a Protection Order  

You must follow the rules and conditions on the Protection Order

Breaking the conditions of a Protection Order is a crime. If you’ve been ordered to go to a non-violence course, it’s also a crime if you don’t go to, or don’t finish it.

Information packs help you understand the rules and conditions listed in the Protection Order.

Temporary Protection Order information pack for respondents  [PDF, 548 KB]

Final Protection Order information pack for respondents [PDF, 461 KB]

A Protection Order made by the Family Court does not appear on your criminal record unless you are arrested for breaking the rules or conditions of the order.

Give Police all firearms or other weapons

When you are served a Protection Order, you must give the Police:

  • any firearms licence you have
  • any weapons you have, including firearms, airguns, pistols, restricted weapons, ammunition, or explosives.

If the Protection Order is final, the Police will automatically cancel your firearms licence.

Attend a non-violence programme

If you’ve been ordered to go to a non-violence programme, you must attend. The order will give you the details of who you need to contact and when you need to contact them by.

If there is a good reason you can’t attend, talk to your lawyer or the Family Court. You have 10 working days to tell the court if you can’t attend.

Find your nearest court 

Respond to a Protection Order

Non-violence programmes are free and can help you to stop using family violence. They will help you to:

  • understand the different types of abusive and controlling behaviours that are included in the definition of family violence
  • talk about and take responsibility for your own use of family violence
  • understand the impact of your behaviour on people you’ve harmed
  • understand your beliefs and attitudes that support your use of family violence
  • understand beliefs and attitudes that support safe and respectful behaviour.

Some programmes can also help you understand and connect with parts of your own culture that support safe and respectful behaviour.

Non-violence programmes may be group or individual programmes. You’ll start with an assessment where you meet with someone to find which programme is the best one for you.

If you don’t follow the rules and conditions of the Protection Order

If you break the rules or conditions of the Protection Order, you can be arrested by Police and charged with a criminal offence. You’ll have to appear in the Criminal Court.

If you’re found guilty by the Court of breaking the rules or conditions of the Protection Order, you can be sent to prison for up to three years.

If you’ve been ordered to complete a non-violence programme and don’t complete this, you can be fined up to $5000 or be sent to prison for up to six months.

Feeling overwhelmed?

There are services available if you need help or support for family violence.

Visit our help page to find specialist family violence support