FAMILY VIOLENCE ACT 2016 - SECT 16 Who may apply for protection orders?
FAMILY VIOLENCE ACT 2016 - SECT 16
Who may apply for protection orders?(1) 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 12 years old cannot be a respondent to an application for a protection order (see s 75).
(2) The following people may apply to the Magistrates Court for a protection order for an affected person:
(a) a police officer;
(b) 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.