Granting a protection order

Who gets a copy of the order?

The Family Court gives a copy of the order to:

the respondent, explaining what it means and what will happen if they breach the order
the applicant (the person who applied for the order)
the local Police station.

When does a protection order first take effect?

A protection order takes effect in a practical sense only after it is “served” on the respondent (given to them personally) as the respondent can’t be charged with any breach of the order until after it is served on them.

How long do protection orders last?

A temporary protection order lasts for three months. It then automatically becomes a final and permanent order unless:-

the respondent has successfully challenged the order or the Family Court; or
the order hasn’t been served on the respondent (although the Court may grant an extension to allow service).

A final protection order is permanent. It ends only if the applicant or the respondent applies to the Family Court to have it cancelled and the Judge decides the order is no longer necessary.

Applying for an order to be cancelled

Either the applicant or the respondent can apply to the Family Court to have a protection order cancelled (“discharged”).

If the applicant and respondent don’t agree about cancelling the protection order, there will be a defended hearing where both sides will have the chance to put their views to the Judge. The Judge will cancel the order only if satisfied that it’s no longer necessary.