If you are served with an Application for a Protection Order, it is important to note when the first Court date is to take place, such information usually being outlined on the last page of the Application. It is essential that you attend the first Court date, which is called a Mention, as failure to do so, may lead to a Protection Order being made against you on a final basis.
The Application should outline the incidents of domestic violence that you have allegedly committed against the other party. In this instance, the other party is known as the Aggrieved and you are known as the Respondent.
An Application may be made directly by the Aggrieved to the Court or the Police may make such Application on behalf of the Aggrieved.
It is also possible that a Temporary Protection Order may be made before you even have a chance to attend the first Court date and such Order should be served upon you at the time of receiving the Application from the Police. The Police should explain the terms of the Temporary Protection Order to you when served and if you have any queries regarding your rights and obligations regarding such Order you should speak further to the Police or seek legal advice.
It is important that you obtain legal advice prior to the first Court date. At this Court date, a Temporary Protection Order is likely to be made or if one is already in place, extended until each party has a chance to lodge material with the Court in support of their positions and a Hearing date set, where the evidence will be heard by the Court.
You can at anytime consent to a Protection Order being made, such consent usually being provided on a without admissions basis. Before consenting to such Order being made, it is important to seek legal advice regarding the impact that the existence of such Order may have upon your parenting arrangements, your employment and your social activities, including your ability to hold a weapons license.
Should you require advice as to your prospects of defending an Application for a Protection Order that has been served upon you, or wish to discuss your options in this regard, please contact one of our Solicitors at Advance Family Law on 5679 8016 for a free fifteen minute telephone conversation.