If you need urgent assistance or your safety is at immediate risk call the Police on 000
If you require information about available domestic violence services or emergency accommodation please call the Domestic Violence Crisis Service: at www.dvcs.org.au or on their 24hrs crisis line 02 6280 0900
Personal Protection and Workplace Protection Orders
A Personal Protection Order or a Workplace Protection Order may made by the Court to prohibit someone from engaging in personal violence towards an individual or for a workplace.
What is Personal Violence?
Personal Violence is behaviour by a person in relation another that may include:
- Physical violence or abuse;
- Sexual violence or abuse;
- Threatening behaviour;
- Harassing, intimidating or offensive behaviour;
- Damaging property
In relation to a workplace this may include those matters in (a)-(e) in relation to a person at the workplace; or in relation to property damage at the workplace, that causes reasonable fear to a person at the workplace.
Who can apply?
You may apply for a:
If you have been affected by personal violence by the person against whom you seek a Personal Protection Order. A person may apply for their child or children who ordinarily live with them.
If your children are over the age of 18 years old, they must make their own application unless they have impaired decision making ability. If your adult child has impaired decision-making ability, you may be appointed as their litigation guardian.
A litigation guardian may apply on behalf of someone who has impaired decision making abilities.
A police officer may apply on behalf of an affected person.
Workplace Protection Order
If you are the employer for a workplace may make an application for a Workplace Protection Order.
How do I apply?
You can apply for a Personal Violence Order by filling in;
- An application form for a Personal Protection Order or a Workplace Protection Order;
- A private and confidential form to provide to the police;
- A notice of address for service.
These forms must be lodged at the ACT Magistrates Court, Knowles Place, Canberra.
Other Common Terms Explained:
Who is an Affected Person?
For a Personal Protection Order a person against whom personal violence has been or is likely to be committed;
For a Workplace Protection Order, an affected person is a person against whom personal violence has been or is likely to be committed, being an employee, the employer or another person at the workplace.
Who is a Respondent?
The Respondent is a person against whom you seek a Personal Protection Order or a Workplace Protection Order
Who is a Protected Person?
A Protected Person is a person who is protected under a protection order.
I have received an application for an Order/I have been served with an Interim Order – What do I do?
You will have received a notice setting out the time and date that you are required to come to Court.
The matter will be set for a preliminary conference.
If you have been served with an Interim Order, if you agree to the Order being in place, you may complete the endorsement copy of the order that you have received and return it to Court.
If you do not agree to the application for a Personal Violence Order, you must attend Court on the date of the preliminary conference or be represented by a lawyer. If you do not attend Court on this day, a final order may be made in your absence.
Going to Court
The ACT Magistrates Court is located at 4 Knowles Pl, Canberra ACT 2601
When you arrive at the ACT Magistrates Court, proceed to the counter.
The staff at the Court will be able to assist you with procedural advice. If you are seeking legal advice, you may be directed to ACT Legal Aid. ACT Legal Aid have an office at the ACT Magistrates Court and can assist you in completing your application. You can contact ACT Legal Aid on (02) 6207 1874.
If you need urgent protection, you will need to advise the Court on the application form that you are seeking an interim order.
At the time you make an application you will be advised of a date for a preliminary conference.
Frequently Asked Questions
What if I need protection urgently?
If I have children can they be protected by a Personal Violence Order?
How much does it cost to lodge an application?
Will the other party know where I am living?
What is a preliminary conference?
Will I need to meet with the other party at the preliminary conference?
What if the other party and I can not agree at the preliminary conference?
What happens on the day of a hearing?
When do I need a litigation guardian?
Who can be my litigation guardian?
How long does a Personal Violence Order last?
What if I need a change to the Personal Violence Order in place?
What if I want the Final Personal Violence Order revoked?