Seeking protection from domestic violence

Preparing the application

The application goes to a Magistrate’s Court connected to where the affected person or the respondent resides, temporarily or permanently, or where the violence happened or is likely to happen. It must be made in duplicate, substantially in the scheduled form. Affidavits from people with knowledge of the violence may support it. Use the linked section to check which court and applicant category fit the circumstances.

Prevention of Domestic Violence Act s 2

Interim protection and the inquiry

The court must consider the application immediately. In deciding whether interim protection is necessary, it considers the urgent need to prevent violence and protect the affected person. An interim order prohibits domestic violence while the application is being considered and may include additional restrictions where the statutory conditions are met. The application still proceeds to an inquiry; an interim order is not the final decision.

Prevention of Domestic Violence Act s 3

Prevention of Domestic Violence Act s 4

Prevention of Domestic Violence Act s 5

What restrictions can cover

The court may restrict entry to the affected person’s home, workplace or school, contact with the person, following them, or interference with shared resources. Restrictions concerning contact with a child depend on the child’s best interests. These are powers the court may exercise, not a standard package automatically included in every order. Read the actual order to understand its terms.

Prevention of Domestic Violence Act s 11

The final order

When deciding whether to issue a Protection Order, the court considers preventing domestic violence and ensuring the affected person’s safety. The Act provides for certified copies to the affected person, the applicant if different, and the relevant police stations. Keep the distinction between an application, an interim order and the final order in mind when reading the court papers.

Prevention of Domestic Violence Act s 8

Prevention of Domestic Violence Act s 9

Support alongside the restrictions

After making a Protection Order, the court can make supplementary orders where reasonably necessary for immediate safety, health or welfare. These can include police assistance to collect personal property, seizure of weapons, and shelter or temporary accommodation if the affected person requests it. The provision also permits urgent monetary assistance where the respondent has a duty to support the person. Financial orders require an inquiry and consideration of both parties’ financial needs and resources. These measures depend on the court’s assessment; the Act does not guarantee that every requested measure will be ordered.

Prevention of Domestic Violence Act s 12

If circumstances change

Either the affected person or the respondent can apply to alter, extend or revoke a Protection Order when circumstances change. The court must hear both parties before making the change. An application by the affected person must also satisfy the court that it was made freely and voluntarily. Keep a copy of the existing order and identify what has changed when preparing to discuss a further application. Read the order’s actual restrictions and duration rather than assume an informal agreement changes its terms.

Prevention of Domestic Violence Act s 14

Scope of this guide

This guide explains the cited as-enacted publication. Check later amendments, commencement orders and current procedures before relying on it for a particular situation. It does not determine your eligibility, liability or the outcome of a case.