FAMILY VIOLENCE - PERSONAL PROTECTION ORDER
If you are a victim of family violence, or if you are accused of family violence, you should know about a Personal Protection Order (PPO) and the consequences of a PPO.
What is Family Violence?
You can only apply if you a victim of family violence. Section 64 of the Women’s Charter defines Family violence as:
Can you apply for a Personal Protection Order (PPO)?
You can apply for a PPO against a family member who is related to you in any of the following manners:
Can you apply for a PPO even when there are no divorce proceedings?
Yes, you can. You can apply for a PPO even when you are not contemplating or going through a divorce.
When will the Court grant a PPO?
Under section 65(1) of the Women's Charter, the Court will grant a personal protection order if it is satisfied, on a balance of probabilities, that family violence has been committed or is likely to be committed against you, and that such an order is necessary for your protection.
How do you apply for a PPO?
Most applicants will apply straight for a PPO at the Family Protection Centre at the Family Court.
If it is not convenient for you to go to the Family Justice Courts to make the application, you may go to any of the following Family Violence Specialist Centres (FVSC) to make your application through a video-link facility:
There are 3 orders that the court may make:
I have got my PPO. What happens if the respondent does not obey the PPO?
You should report the matter to the police immediately. The police will then decide whether to investigate the matter, and whether to charge the respondent for a breach of the order. This will be done in the Criminal Justice Division at the State Courts building.
Under section 65(8) of the Women's Charter, a breach of an expedited order or personal protection order is a criminal offence. The respondent can be punished with a fine of up to $2,000, or by imprisonment of up to six months, or both. A second or subsequent offence is punishable by a fine of up to $5,000, or by imprisonment of up to 12 months, or both.
PKWA FAMILY LAW
If you need advice on family violence or a Personal Protection Order, please contact us at 6854-5336 for a free first consultation. We will inform you of your rights and what we can do to help you.
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