Family Violence Act 2016

An affected person may apply to the Magistrates Court for a protection order.

Note 1 Only a police officer may apply for an after-hours order (see s 99).

Note 2 A child under 14 years old cannot be a respondent to an application for a protection order (see s 75).

The following people may apply to the Magistrates Court for a protection order for an affected person:

a police officer;

a litigation guardian for the person or any other person with a right to apply for the person.

Examples—s (2) (b)

1 a parent or guardian of a child

2 an agent of the person

Note 1 An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).

Note 2 If an application is made by a police officer—the affected person, a litigation guardian or any other person with a right to apply for the affected person may be substituted as the applicant for the protection order (see s 71).

Note 3 If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.