Experiencing Domestic Violence can leave you feeling vulnerable and exposed. One of the first steps you can take to protect yourself is to make an Application for a Protection Order.
Who can apply for a Protection Order?
An Application for a Protection Order can be made by the following people:
- A person experiencing domestic violence (otherwise known as the “Aggrieved”);
- An adult who is authorised in writing by the Aggrieved or an adult who the Court determines has authority to act on behalf of the Aggrieved; or
- A Police Officer.
How do I make an Application for a Protection Order?
You can make an Application online or by attending your local Magistrates Court and asking for a hardcopy Application.
You may wish to retain a solicitor who can draft and file the Application for you.
You can also attend your local Police Station and describe your circumstances. If a Police Officer decides to issue a Police Application for a Protection Order on your behalf, the Police will be the Applicant in the matter. As the Applicant, Police have discretion to issue and withdraw the Police Application for a Protection Order.
If you are filing a private Application, you are required to file your Application at your local Magistrates Court, along with supporting evidence and documents. If you require an urgent Temporary Protection Order, you can ask the Magistrates Court to urgently consider your matter on the same day.
After an Application for a Protection Order has been filed, you will be given a Court date where the Magistrate will consider your Application. You must attend on this date. You can also seek a Temporary Protection Order on this date. At Court events, most Magistrate Courts have a safe room for the Aggrieved to wait until the matter is heard to provide further protection. You can access a Court Safety Form here.
Tips for drafting an Application for a Protection Order
If you choose to draft your own private Application for a Protection Order, you may wish to consider the following tips:
- Specify the date/s, time/s and location/s that the domestic violence act/s occurred.
- Place emphasis on recent acts of domestic violence.
- Be specific when detailing the act/s and the impacts it had/has on you.
- Attach annexure/s and documents which provide evidence that domestic violence has occurred (this may include photos, text messages or medical reports).
- Ensure to add any children as named persons in your Application if they have also experienced or are at risk of experiencing domestic violence.
- Only include information in your Application that you know to be true and correct and relevant to the Application.
- Ensure you have your signature on the Application witnessed by a solicitor or Justice of the Peace.
How do I find out more information?
Each matter is different and you should always obtain independent legal advice from a solicitor who specialises in Domestic Violence. In emergency situations you should always call Triple Zero.
The above information is specific to Queensland and will vary depending which State or Territory you are located in.
Contact us to arrange an appointment with an accredited family law specialist or an experienced solicitor to obtain advice about domestic violence.
