How will a Protection Order affect me?

Protection Orders (or Domestic Violence Orders/DVO's as many people still know them as) continue to get made by the Magistrates Court in increasing numbers.  The question people want answered is, how is it going to affect me?

As the Respondent to either a Police or private Application for a Protection Order, it can be a daunting and emotionally overwhelming time.  Many just want it all to be over and don’t fully understand the consequences when agreeing to a Protection Order.

The first thing you must consider and understand is that the duration of a Protection Order is now a standard five-year period.  This was changed in 2017 from the previous standard two-year period.  Whilst you can seek that the period imposed is less than the standard term, it is ordinarily challenging to persuade the Magistrate to make an Order for a shorter period.  It will depend on various factors including, among other factors, the seriousness of the circumstances which led to the Application and how likely it is the parties will be in contact with one another in the future.   

What are the consequences of breaching a Protection Order?

Whilst an Application for a Protection Order is a civil matter, meaning that it does not go on your criminal record, it is important to note that any breach of the Protection Order will be a criminal offence.  This means you can be charged and have your breach of a Protection Order on your criminal record.  Something that is not widely or well understood is that a breach of a Protection Order does not have to be a physical assault (depending on what conditions have been placed on the Order), it can be harassing phone calls or text messages, threatening words used in the heat of the moment or even trying to talk to the other person (aggrieved) about how much you miss them.

Will this affect me owning a weapons licence?

Once you have a Protection Order made against you, you are unable to hold a weapons licence for the length of the Protection Order (as discussed above generally five years).  You are also unable to apply or hold any licences that relate to explosives (which can in some instances impact on mining careers).  It is important to consider these issues.  Although you may not be within that industry at the time the Order is made, it may be a path that you have considered taking in the future. 

What else can it affect?

Depending on the conditions sought in the Order, will depend on how much of an impact the Order can have on your life.  If the Protection Order is set for the ‘mandatory conditions only’ this means that you must be of good behaviour towards the aggrieved and any named persons on the Order. 

If there are extra conditions requested within the application such as not being within 100m of the aggrieved or not to contact or ask anyone else to contact, this can potentially make things very difficult for you.  Let’s say that you both go to the same gym together, you now aren’t allowed to be within 100m of that person.  If you see them walk into the gym, you MUST leave the premises straight away, even if you’re halfway through a workout or class. Another example that we see often is where there are children involved.  If you are not allowed to contact the aggrieved under any circumstance, how can you communicate about parenting issues with them?

It is incredibly important to seek urgent legal advice if you have been served with a Police Protection Notice or an Application for a Protection Order.  Lawyers can assist you by not only providing advice regarding your options (whether or not you may wish to contest the Order), but also advice about the effects and consequences the Order will have upon you.

You can contact our office to make an appointment with one of our solicitors to obtain advice on your situation on (07) 4963 2000 or through our online contact form below.