Page updated on: Thursday April 10, 2008
Having a temporary protection order or an application for a permanent order made against you is very serious. You should read the order or application carefully. If there’s something you don’t understand, contact the Family Court or a lawyer as soon as possible.
If you believe a protection order shouldn’t be made against you, the Domestic Violence Act allows you to challenge the order or application .You should contact a lawyer who specialises in Family Court work. If you can’t afford a lawyer, you may be able to get one through legal aid. This is where the Government pays some or all of your lawyer’s fees.
You should be aware that if a temporary protection order has been granted and served on you and you do nothing to challenge the order, it will automatically become permanent after three months.
Also, if someone has applied for a final protection order against you and you don’t defend the application, the Judge will base their decision only on the applicant’s evidence.
If a temporary protection order has been made against you, you have the right to be heard by the Family court on whether the temporary order should be made final and permanent.
If you tell the court you want to be heard, the court registrar will set a hearing date. Unless there are special circumstances, the hearing must be held within six weeks after you notify the court you want to be heard.
If the applicant has applied for a permanent order against you “on notice”, you can file a written defence against what the applicant has said in their application and their affidavit (sworn written statement). You must file your defence no later than five days before the date that has been set by the court for the hearing.
You can decide not to defend the application, in which case the Judge will make a decision based on the evidence given by the applicant.
You may also decide that you won’t oppose the application but that you want to be heard by the Judge for another reason – about care arrangements for the children for example.
If you challenge a temporary protection order or if an application is “on notice” and you oppose it, you and the applicant will need to appear at a Family Court hearing.
You and the applicant, and your witnesses, will give evidence and may be cross-examined (asked questions by the other side’s lawyer). The Judge will consider both sides and then decide whether to grant a final protection order.
If you’ve been served a temporary protection order, you’ll will be required to attend a Stopping Violence programme. If you believe there are reasons why you shouldn’t have to attend the programme, you or your lawyer have five days after you’re given the temporary order to tell the Family Court you object to having to go. The court will set a date to hear your objection. In the meantime you don’t have to go to the programme.
If you’ve been given an application for a final protection order, you’ll have the opportunity to appear in court to argue that the court shouldn’t require you to attend a programme.