Contesting A Protection Order
You can contest a protection order and refuse to consent. If you believe the accusations are false, or unnecessary, contact us to begin the process.
What is a protection order?
Also called a domestic violence order or intervention order (DVO), these carry both criminal and civil consequences — breaching a condition is a criminal offence. Common conditions restrict contacting the aggrieved person, visiting children, approaching workplaces, remaining in a shared home, contacting named relatives or friends, holding a weapons licence, or attending schools or daycare. The 'aggrieved' is the person requiring protection from the 'respondent'.
Ouster orders
An ouster order forces the respondent to leave the family home — often the primary reason people choose to contest an order.
Duration
Most protection orders last two years, though the court can extend this if it feels it's appropriate. Temporary protection orders provide short-term protection ahead of a magistrate's decision on a permanent order, and compliance with them is mandatory.
Contact and children
Orders typically include no-contact clauses prohibiting phone, text, email or internet contact, with exceptions for written child-contact agreements — contact with children is usually only permitted during times agreed upon in writing by the other parent.
How to get an order dropped or removed
Comply with any temporary order despite believing in your defence; gather physical evidence (clothing, photos, videos, objects); collect documents (letters, emails, phone or GPS records, location data); and create a witness list with contact details, to use in negotiating the order's terms.
What not to do
Don't destroy evidence, don't contact the aggrieved person or likely witnesses (including by text or email), and don't disregard a temporary restraining order.