• Specific Year
    Any

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.