There is abuse in the family. What can I do to protect my children and/or myself?
You may apply for Protection Orders under the Women’s Charter for yourself and/or your children if there is violence being committed by a family member. Family violence can constitute the following acts of harassment, wrongful restraint, violence placing a family member in fear of hurt, and abuse causing hurt.
The range of protection orders you may apply for includes:
A Personal Protection Order to restrain the abuser from committing violence against the applicant or a family member;
A Domestic Exclusion Order to exclude the abuser from the shared residence if the abuser and victim are living together; and
A Counselling Order to direct the abuser or the victim (or both) to attend counselling
The court may grant a Protection Order where:
It is shown, on a balance of probabilities, that family violence has been committed or is likely to be committed against the applicant or a family member; and
It is necessary for the protection of the family member for the protection order to be made.
Upon an application for a Protection Order being made, the respondent will be served the Summons indicating the date of the Court Mention. On the day of the Court Mention, both the applicant and respondent are required to be present. If the respondent consents to the Protection Order, a consent order will be recorded before the Court. However, if the respondent does not consent to it, the court will give directions for parties to exchange their affidavits of evidence and schedule the matter for a trial.
Protection orders are complementary to criminal and civil proceedings and are meant to maintain balance in protecting the family unit and maintaining family harmony. In the event that the danger of abuse is imminent, the Court may grant an expedited Protection Order upon application. Due to the pressing nature of the harm, this would mean that the expedited Protection Order takes effect upon service on the respondent pending a subsequent hearing of the application.