Northern Territory - Protection Orders
What is a protection order?
Protection orders (called restraining orders in Northern Territory) are orders made under State or Territory laws that provide a quick and flexible method of obtaining legal protection from many forms of violence, for example:
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Physical abuse, e.g. using physical force |
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Sexual abuse, e.g. forced sexual activity |
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Psychological abuse, e.g. humiliation, intimidation |
Who can apply?
You can apply for a restraining order against another person if you can show that:
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You are being harmed or threatened by that person. |
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You have a domestic relationship with the person, e.g. spouse, partner, relative. |
Restraining Orders are aimed at preventing further violence.
Persons suffering domestic violence have a legal right to:
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Make a complaint of a criminal offence against the person who has been violent (i.e. assault or damage to property); and/or |
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Obtain a restraining order under the Domestic Violence Act 2001 (NT); or |
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In relation to children from the relationship, obtain orders under the Family Law Act – such as Parental responsibility and parenting orders which involve Residence, Contact, and Specific Issues orders. |
What is a Domestic Violence Restraining Order?
A Restraining Order is an Order made by the court to assist in the protection of a person to prevent a continuation of domestic violence between the parties. Both parties need to be, or to have been in a domestic relationship as described in the Domestic Violence Act (NT).
Sometimes applicants ask for Orders, which allow both parties to have full contact or limited contact.
The time limit of the Order is for a period stipulated by the court generally ranging between six to twelve months. An application to vary or revoke an Order can be brought before the court at anytime. The court will then determine the outcome, which may result with the application being granted or dismissed.
Domestic Violence Restraining Orders contain conditions, which best suit the relationship of the parties. The conditions are outlined below:
No contact conditions - where both parties have absolutely no contact with each other for a specified period of time. These conditions can include:
For a period of 12 months, the defendant John Citizen:
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must not approach or contact directly or indirectly Joanne Citizen |
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must not enter or remain near any premises where Joanne Citizen is living, staying or working |
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must not assault, cause or threaten to cause personal injury to Joanne Citizen |
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must not cause or threaten to cause damage to property in the possession of Joanne Citizen |
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must not act in a provocative or offensive manner toward Joanne Citizen. |
Non-violence conditions - where both parties maintain contact or continue to maintain contact but are confined to not committing an act of violence towards the other person. These conditions can include:
For a period of 6 months, the defendant Joanne Citizen
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must not assault, cause or threaten to cause personal injury to John Citizen |
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must not cause or threaten to cause damage to property in the possession of John Citizen |
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must not act in a provocative or offensive manner toward John Citizen. |
Where there are no Family Law Court orders in place and the children form part of the relationship a condition such as this must be included:
For a period of 6 months, the defendant Jamie Citizen
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Must not approach or contact Francis Citizen directly or indirectly except through a solicitor or Family Law Court Order in relation to access of the child/children of the relationship or through a 3rd party namely, George Citizen. |
A Family Law Court (Commonwealth) Order overrides any State of Territory based Domestic Violence Order.
Who can get a Domestic Violence Order?
If you are not sure as to whether you are able to obtain a Domestic Violence Restraining Order, the Domestic Violence Act (NT) outlines the criteria. The Act states that a domestic relationship is:
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a spouse |
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a father, mother, grandfather/mother, stepfather/mother, father/mother-in-law |
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a son, daughter, grandson/daughter, stepson/daughter, son/daughter-in-law |
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a brother, sister, half brother/sister, brother/sister-in-law |
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an uncle, aunt, uncle/aunt-in-law |
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a nephew or niece |
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a cousin |
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a relative according to Aboriginal tradition or contemporary social practice |
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a Great-uncle/aunt, great- nephew/niece, great-grandfather/mother, great-grandson/daughter |
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a great-great uncle/aunt, great-great nephew/niece, great-great-grandfather/ mother, great-great grandson/daughter |
of the other person; or
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has or had custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person |
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ordinarily or regularly resides or has resided with the other person, or with another relative, as specified in paragraph (1), of the other person; (this includes flatmates/ex-flatmates) |
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is or has been a relative, as specified in paragraph (1), of a child of the other person |
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has or has had a relationship with the other person, who is a member of the opposite sex. |
Who can make an application?
An application for a restraining order can be made by:
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you, the aggrieved person at any court house |
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a solicitor of your choice |
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the Police who may instigate orders in emergencies. Generally Police initiated orders occur outside of court hours. |
Domestic Violence Unit
People of all ages, cultural, racial, religious, socio-economic, educational and professional backgrounds may experience domestic violence.
Northern Territory law specifically recognises violence within a relationship as a crime. In 1994 Northern Territory Police set up a Police Domestic Violence Unit to offer assistance and advice to persons involved or a party to domestic violence.
There are now Domestic Violence Units in Darwin and Alice Springs, and Domestic Violence Liaison Officers in all major regional police stations within the NT.
Breaching an order
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order.
Restraining orders and child contact
Where there is a restraining order in place, or one is needed, difficulties can arise for people who also have residence/contact orders through the family law system. If a court makes a residence/contact order that conflicts with a restraining order, the residence/contact order takes priority. The restraining order will still stand, but any part that is inconsistent will be over-ruled by the residence/contact order.
For example, if you have a contact order that gives the father contact on weekends but the restraining order only allows contact between the father and child on Saturday, you have a conflict about contact on Sunday. The contact order will over-rule the restraining order and contact will happen for the entire weekend.
This situation can weaken the restraining order and also make it more difficult for the Police to enforce.
Restraining orders can be modified by the court to take into account the practical arrangements for contact. Alternatively, contact orders can be made to take into account restraining orders, for example, by arranging for an independent person to be present during contact hand-over times.
A magistrate cannot usually make orders about children in relation to residence, contact and specific issues if there is any dispute between the parents. However, if a Woman applies for a protection order or a variation of her protection order, then the magistrate may at the same time make or vary the terms of her existing Family Court contact order to make it safer for her and the children when contact takes place. The magistrate can also discharge or suspend an existing Family Court order, if among other things, the magistrate is satisfied it would be too unsafe for the Woman or her children if contact continued.
If you have Family Court contact orders in place before you have a domestic violence protection order, try to seek legal advice about whether these laws apply to you before you apply for your protection order.
Victim Support Unit
The Office of Director of Public Prosecutions offers support to victims of crime, witnesses and their families — anywhere in the Northern Territory throughout the criminal justice process. There are eight members of the Victim Support Unit (VSU) — five in Darwin, three in Alice Springs.
The VSU notifies victims of crime in writing about the service and invites them to make contact.
Victims can use a freecall telephone number 1800 659 449.
Victims are provided with several publications at the appropriate times. These include the VSU pamphlet and the Victim Impact Statements booklet which includes a pro forma for victims who choose to prepare a victim impact statement independently.
The Victim Support Unit offers the following:
Support
This includes court preparation. It can include court familiarisation visits, demonstration of vulnerable witness facilities and observation of a court sitting.
Support regularly involves accompanying witnesses to court and being with a witness either in the close-circuit television room or behind a screen. The VSU can also provide post court follow up. We know that giving evidence in court is often a traumatic experience, which can revictimise people.
Information
The VSU will give information about the date, time and place of the next court appearance, the stage that the matter is up to and whether attendance is required.
Interpreters
The VSU can assess the need for and organise the provision of interpreters to assist witnesses in their appearances before the court.
Referral
Victims, witnesses and their families can be referred to agencies for appropriate counselling, including specialist sexual assault and domestic violence counselling, psychologists, psychiatrists or solicitors for financial assistance claims. The VSU has established contacts with a wide variety of agencies.
Explanation
The explanation of legal processes, language, behaviour and rules of evidence is vital. The aim is to explain technical legal business in plain English. Research shows that when people have a better understanding and are given timely information about what is happening, and why, they report a higher level of satisfaction with their experience of the criminal justice system.
Liaison
The VSU acts as a point of reference for victims, witnesses and their families. Liaison between police and victim, prosecutor and victim, police and prosecutor or counsellor and victim is a valuable function.
Victim Impact Statements
The VSU can assist victims of crime to prepare victim impact statements. Victims of crime have the right to present to the court a statement detailing how a crime has affected their lives. Victim impact statements were introduced in the Northern Territory in March 1997. Since then many people have decided to participate in the criminal justice system by exercising that right
You May also want to check The Australian government attorney general's department website http://www.familylaw.gov.au/accesspoint/ (search 'protection orders') As some States are currently reviewing protection orders. (Specifically WA and Tas as of June 2004).
