What is the police’s role in domestic violence protection orders?
Often police officers are the first to respond to incidences of domestic and family violence. Under the Domestic and Family Violence Protection Act 2012, the police have the power to issue a protection notice when they attend a domestic violence incident and they reasonably believe that domestic violence occurred.
This notice is taken to be an application for a protection order to be determined in the Magistrates Court at a later date. The notice includes a standard condition that the respondent must be of good behaviour and must not commit further domestic violence towards the aggrieved. Police may also impose the following ‘cool down’ conditions if they believe it is necessary and desirable to do so:-
(a) that the respondent is prohibited from entering (or attempting to enter, or remain at) a stated premises, or approaching within a distance of stated premises;
(b) that the respondent is prohibited from approaching (or attempting to approach) within a stated distance of the aggrieved; and
(c) that the respondent is prohibited from contacting (attempting to contact, or asking someone else to contact) the aggrieved.
Police also have the power to apply to the court for a protection order or a variation of an existing protection order.
What if a domestic violence protection order or police protection notice has been taken out against me?
If someone has applied for a domestic violence order against you, you have four options in moving forward. You can:-
(a) Consent to an order being made.
(b) Ask for the proceedings to be adjourned so you can get legal advice.
(c) Oppose the orders the aggrieved has asked for.
(d) Do nothing and not attend court (although an order may still be made in your absence).
You must consider the following if there is a domestic violence order made against you:-
- Do not break the conditions on the order or the notice, even if you do not agree with it.
- Read the order or notice carefully and contact us for legal advice so that we are able to explain the conditions imposed against you.
- Get support from family, friends or a support service. We are able to refer you to appropriate support services available in your area.
A domestic violence protection order is a civil order, which means that you are not charged with a criminal offence unless you breach the order. You must follow the conditions set out in the protection order. If you breach the conditions in the order, the police can charge you with a criminal offence where you will face serious penalties.
Should I get legal advice if a domestic violence protection order is made against me?
You should obtain legal advice if there is a domestic violence protection order made against you. If a domestic violence order is made against you, it may affect any licences and other cards you hold, including weapons and security licences.
The conditions of an order or notice are very serious and it is important to obtain legal advice to fully understand the conditions imposed against you. Breaching a domestic violence protection order (including any temporary orders or police protection notices) is a serious criminal offence. If you are found guilty of breaching a protection order, you could face serious penalties, including terms of imprisonment.
We have experienced lawyers who are able to assist you if you have a domestic violence order taken out against you. Contact us today.
Breaching a Domestic Violence Protection Order
Section 177 of the Domestic and Family Violence Protection Act 2012 makes it an offence to breach the conditions of a protection order.
You should contact us if you are charged with breach of a domestic violence protection order made against you. Our lawyers are experienced in these charges and can give you detailed advice around the charge and your options.
You should contact us about what defences may be open to you if you are in breach of a domestic violence protection order.