Protection Order under the Prevention of Violence in the Family Law: Guide and Representation

A protection order is issued under the Prevention of Violence in the Family Law and generally concerns family members and spouses. It is a civil proceeding that can affect where you live and your contact with your children, and it is sometimes accompanied by an investigation or a criminal proceeding. Below are the firm’s guides on the subject.

Received a protection order request, or an order against you

• Representing respondents in protection order requests: opposing and canceling
• Preparing for a protection order hearing

Violation of a protection order

• Violating a protection order: penalty and what to do

Understanding the process

• Protection order under the Prevention of Violence in the Family Law
• Protection orders for minors

See also: Restraining order against threatening harassment, a separate proceeding under a different law.

Received a protection order request or notice of a violation? Call attorney Emanuel Trach: 055-2550011 or leave your details.

Frequently asked questions

Who can a protection order apply to?

A protection order under the Prevention of Violence in the Family Law applies to a family member as the law defines it. That includes a spouse (including a common-law partner), a parent, a child, a sibling, and also someone who was a family member in the past. Where the parties are not family members, the proceeding is generally brought under the Prevention of Harassment Law instead.

How long can a protection order last?

Under the law, a protection order may not exceed three months, and the court may extend it so that the total period does not exceed six months. For special reasons set out in the decision it can be extended up to one year, and in further special circumstances for an additional year.

Can an order be issued in one party’s absence?

Yes. The court may issue a protection order in the absence of the other party (ex parte). In that case a hearing with both parties present must be held as soon as possible, and no later than seven days from the date the order was issued. A temporary order is not a final determination.

What happens if a protection order is violated?

If a complaint is filed about a violation of a protection order, a police officer may arrest the person alleged to have violated it. Violating an order is a criminal offense, and the outcome depends on the circumstances. As a rule, it is advisable to obtain representation before questioning.

Can the family member who complained ‘cancel’ the order?

No. A person who violated an order has no sound defense in the fact that the family member did not insist on the order remaining in force. Only the court has the authority to cancel or change an order.