How will the judge decide whether or not to make an order?

The judge or justice has to be satisfied that family violence has taken place, that there is reason for you to believe the violence will continue or be resumed, and that the situation is urgent and serious enough to require an order for your immediate protection and the protection of other family members living with you. The judge will consider

• any history of violence towards you and other family members,
• whether there has been any controlling behaviour towards you or other family members,
• whether the violence is repetitive or escalating,
• the possibility of immediate danger for people or property,
• if you are elderly — how vulnerable you are,
• the effect of exposure to the violence on any of your children or children in your care and custody,
• what is in the best interests for you and any children involved, and
• your need for a safe environment in order to arrange for longer term protection from the family violence.

It will be important for you to make sure the judge has all the relevant information so that the order can adequately protect you. For example, you want to be sure that all places where you might be (work, school, friends) are listed as places where the respondent is not allowed to go. You therefore have to give the police all the information when they make the application on your behalf. If the judge speaks to you to hear your evidence about the situation, you will be required to swear an oath that you are telling the truth.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.