Temporary Protection Orders

As there can be periods of 2-4 weeks until both parties are required to go to court for the first mention date, it is important for the woman to consider whether she will need a temporary protection order.  The period from when the respondent is notified until the first court date can place a woman in a dangerous predicament.  If she feels that this is likely to happen she can ask for a temporary order to cover her until she comes back to court.  

Usually a temporary order will be granted by a Magistrate (particularly if there are serious concerns for her safety) on the same day she lodges the application.  It must appear to the Court that the respondent spouse has committed an act of domestic violence for a temporary order to be granted.  A temporary order has the same basic conditions as a full order and can include other conditions.  The granting of a temporary order at this stage is done without the respondent spouse being at court.  This is called ex-parte.  

The local police will receive a copy of this temporary order and will serve this on the respondent spouse along with a summons to appear in court at the next court date.  Police who have attended a domestic violence incident may apply for a temporary protection order for the Woman if they believe it is necessary.  

An application by the police for a temporary protection order can be made to a Magistrate by telephone, facsimile, radio or other similar facility.

Furthermore where the police have investigated an incident and the respondent spouse is detained at the Watchhouse because of domestic violence, the police must apply for a protection order.

The investigating officer must arrange for the respondent spouse to be released on conditions, which address all the issues, including the safety concerns of the aggrieved spouse and whether the respondent should be prohibited from entering any premises.  

If the police have been involved in this way, the woman should be informed by the police if there are any orders in place or otherwise be told of the release conditions.