We have seen the law expand in recent years in response to the community’s increasing recognition of the impact of domestic violence.
In Australia, domestic violence legislation exists to increase the safety, protection and wellbeing of those who experience domestic violence.
The aim is to prevent and reduce domestic violence, particularly, where children are involved, whilst at the same time minimising disruption to the
lives of those affected and holding perpetrators to account.
Courts make Orders to protect people who are experiencing abuse or are in fear of violence and abuse.
Protection Orders are granted by a Magistrate in a specialist Court. You can seek a Protection Order for yourself, or the Police can make an application on your behalf.
In circumstances of urgency, a Court can make a Temporary Protection Order even if the perpetrator has not been notified of the application or has not appeared in Court.
A Protection Order prohibits a person from committing acts of domestic violence, where the Court is satisfied that an Order is necessary or desirable for the protection of a person.
The Court may order any number of conditions, including that the perpetrator may not contact or approach the protected person.
Protection Orders generally remain in effect for five years. The maximum penalty for breaching a condition of a Protection Order is three years imprisonment.
Applying for a Protection Order is straight forward. The first place to start is to contact your local police station who will assist you complete an application.
We understand it can be stressful to seek the help when you are the victim of domestic violence and you may not feel comfortable or able to take the first steps by yourself. If this is the case, we are available to assist with the application process. We are only a phone call away.
Speak with one of Wiltshire Family Law’s qualified solicitors for advice about your personal circumstances and how to put measures in place to ensure your safety.
If you are concerned for your safety, we urge you to notify police as soon as possible and in the event of an emergency, call “000”.
You can also access the following support services: