TAS

 What is a protection order?

Family Violence Orders are orders made under State laws that provide a quick and flexible method of obtaining legal protection from many forms of violence, for example:

  • Physical abuse, e.g. using physical force
  • Sexual abuse, e.g. forced sexual activity
  • Psychological abuse, e.g. humiliation, intimidation
  • Damage to property
  • Stalking

Who can apply?

 You can apply for a restraint order against another person if you can show that this person has:

  • Assaulted you
  • Threatened to assault you
  • Damaged or threatened your property
  • Harassed, molested or behaved offensively

and

That this behaviour is likely to reoccur.

 How to apply

An application can be made to a Magistrates’ Court by:

You

A solicitor, friend, support worker who is authorised by you

A police officer

A parent /guardian (for children)

 Application are available directly from the Magistrates Court of Tasmania or at their website

 Police Family Violence Orders

 A Police Officer of the rank of sergeant or above, or authorised by the Commissioner of Police may issue a Police Family Violence Order against a person if satisfied that the person has committed, or is likely to commit, a family violence offence. This order will operate for a period of no more than 12 months.

The order may have conditions attached to it including

•requiring a person to vacate any premises

•not enter any premises

•surrender any firearm or weapon

•refrain from harassing, threatening, verbally abusing or assaulting an affected person or child, and

•not approach or contact an affected person or child

 Types of order

 Various orders can be made. For example, an order can:

Prohibit contact with you at home or work.

Limit contact (for example, when the other person is drunk).

Prohibit acting in an offensive manner.

Prohibit damage to property.

 The order can be written to suit your situation.

 Breaching an order

The order is a civil order but breach of an order may be a criminal offence. Serious penalties can apply such as imprisonment or a fine, depending on the seriousness of the breach and the perpetrator’s history of breaching. Contact the police if there is breach of this order.