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 instances, 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.