Leaving my boyfriend

Many people fall victim to domestic and family violence. Usually, family and domestic violence encompass a perpetrator's behavioural patterns that entail exercising control over their victims. Violence also comes in many forms. Physical violence, sexual abuse, property damage, psychological abuse, emotional abuse, economic or financial abuse, spiritual abuse, cultural abuse, stalking and harassment are a few of the many reported forms of family and domestic violence. Fortunately, victims of domestic and family violence can apply for protection orders from the Court to keep the perpetrators away. The specific terms that identify these protection orders often vary from one state or territory to another. However, this guide breaks down the critical details you need to know about these orders.

Application

You can apply for a protection order in many ways. First, you can do it yourself by applying to the Court directly. However, because of the legal aspects involved in domestic and family violence cases, it's often best to hire a family lawyer to do it for you.

In addition, virtually all states and territories authorise the police to initiate protection orders on behalf of the victims. Therefore, you can inform the police of your need for the order, and they can do it for you. However, legislation on police responsibilities in applying for protection orders may vary across jurisdictions. Other authorised parties aside from the police, depending on the legislation in your state or territory, can also apply for the order on your behalf. Some of these include affected family members.

It's worth noting that you can also make an emergency order if the matter is urgent. Usually, this will happen if you contact the police when in danger. The Court may grant an interim order pending the full hearing of the matter.

Wrong applications aren't uncommon, especially when you do it yourself. For instance, you may wrongfully apply for a personal violence order instead of a domestic order violence unknowingly. For such cases, you can explain to the Court, and the protection order initially granted (personal violence order) may be treated as the intended order (domestic violence order).

Grounds For Acquiring An Order

Grounds for obtaining protection orders against family and domestic violence often vary across jurisdictions. That's because actions or behaviour considered domestic or family violence also varies. However, some standard grounds for obtaining a protection order include evidence of past acts of domestic and family violence. You must also have reasonable grounds for fearing the commission of domestic or family violence by the alleged perpetrator. Some of these grounds may include physical, emotional, financial, or sexual abuse, harassment and threatening behaviour, stalking, property damage, etc.

Breach

Perpetrators may sometimes breach the conditions of the protection order. You should contact the police immediately when this happens. Typically, the breach is considered a criminal offence in virtually all jurisdictions, so you must notify the authorities at the earliest. 

For more information, contact a local family lawyer.