Protection Orders

A protection order is an order from the court which tells the abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing you. It may also help ensure that the abuser continue to pay rent or a bond.  The protection order may also prevent the person from getting help from any other person to commit such acts. An interim protection order can also be issued at any time of the day or night for the victims protection.

Who can apply?

Anyone who is in an abusive relationship or a victim of domestic abuse: e.g. if married, dating, same sex partners, even children may apply. A third party can also apply for a protection order on behalf of a victim as long as the victim gives them written permission to do so. In cases where a child under the age of 18 or a disabled person (as well as other exceptional circumstances) a third party can obtain a protection order without the victims permission.

Where can one apply for a protection order?

You can go to a police station or a court to obtain application forms (Form 2). If you are hurt or need a different place to stay because of the abuse, the police must help you to get medical treatment and help you with finding a place of safety. Any court that covers the area in which you or the abuser lives or works, or in an area where any incidences of abuse took place can grant you a protection order. Court hours are generally during weekdays from 8:00 - 16:00 but you can apply for a protection order after-hours if you can show you will suffer undue hardship if the matter is not dealt with immediately.  Once Form 2 has been completed, you will need to have it certified (you will need to take a sworn oath) at a police station or at the courts. Once this is done and handed to a clerk of the court, he or she will fill out another form (Form 4) for an Interim Protection Order. The interim order will give a date (usually about 10 days after) for the abuser to appear in court to say why a final protection order shouldn’t be given. On the return day, your case will be considered in the magistrate's chambers not in court (only court officers, people directly involved or witnesses may be present). You are entitled to lawyer representation as is the abuser. A final protection order will be granted if the abuser does not oppose the order or is not present but there is proof that the interim order was served on the abuser. The interim protection order can be granted if neither you or the abuser are present but there needs to be proof that the interim order was served.

What if the abuser disobeys a protection order?

Once a final protection order is granted, a warrant of arrest will be issued. Should the abuser violate any condition of the protection order, contact the police and show them the warrant of arrest that you were given with the protection order. The police will take your statement. (Note that if you have lost the warrant of arrest, you will need to apply for another one). If you are in immediate danger the abuser will be arrested. If you are not, the abuser will be given a notice to appear in court the next day. If found guilty of breaking the conditions of a protection order in a criminal case, he can be fined or sentenced to prison for not more than five years. Remember that once a warrant of arrest is used up, you will need to apply for another one.