PERSONAL PROTECTION

If family violence has been committed and you require protection from your spouse (due to actual violence or threats of violence for instance), you can file an application at the Family Court. The protection comes in the form of an Order of Court restraining your spouse from committing violence against you. You may also apply for a personal protection order on behalf of your children, if family violence has been committed against the children. In some instance, you may ask for a domestic exclusion order which is essentially a Court Order excluding your spouse from entering into the home.

The Court has to find that family violence had been committed in order to grant the aforesaid Order. Threats of physical violence is family violence. Much also depends on the surrounding circumstances wherein the alleged violence or threats have been committed. The definition of family is wide. The Court however has a discretion whether to grant the order or otherwise, and has to find that it is necessary to grant the protection order.

Whilst the police usually do not commence criminal prosecution for complaint of domestic violence (non serious injury nature), it is prudent to file a police report setting out the facts surrounding the events.

The other important step that a complainant should do is to attend at a hospital or clinic for attendance to the injuries. In this connection, a government hospital would be recommended. There is a subsequent need to obtain a copy of medical report from the hospital and call the relevant medical officer to testify to the injuries in Court.          

The Woman's Charter has extended the categories of eligible applicants to non spouse. For instance, a mother in law can apply for a personal protection order against a son in law. There must be some form of relationship between the parties, either by blood or marriage.  

The Court usually issue a expedited order against the Respondent (the party complained against) after the complaint is filed, unless it is clear that there is no danger whatsoever. 

The Court would give a return date for the mention. Parties may be asked to attend counseling. If counselling fails, parties are required to file affidavits (documents on oath) to support their case. the Court would then hear the matter and decide whether to make the necessary order.

A breach of the personal protection order carries serious consequences. 

We provide services for Complainants as well as for Respondents(person resisting such applications) in personal protection application hearings. For an appointment to do a preliminary assessment of your matter, call us at 6534 1328    

To arrange for initial consultation, state: