Who may apply for protection orders?
16 Who may apply for protection orders?
An affected person may apply to the Magistrates Court for a protection order.
Only a police officer may apply for an after-hours order (see s 99).
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
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).
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).
If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
This Act’s bill:Explanatory statementSecond reading speech
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