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Communtity Law Manual | Family violence & elder abuse | Protection orders made in criminal cases

Applying for a Protection Order: Long-term protection against family violence

Protection orders made in criminal cases

When can the Criminal Courts make Protection Orders?

Sentencing Act 2002, s 123B

When sentencing a person for a family violence offence (other than a breach of a Protection Order), a judge in the District Court can also make a Protection Order if:

  • the judge is satisfied the order is necessary to protect the victim of the offence, and
  • the victim doesn’t object to the Protection Order (the victim’s view can be made known through a victim impact statement or a victim adviser’s report).

Once a Protection Order is made the court must send a copy to the Family Court nearest to where the victim lives. The order then has the same status as a final Protection Order issued by the Family Court.

Judges in the District Court can also make a temporary Protection Order against anyone who breaches a Police Safety Order, if the person at risk doesn’t object (see “Police Safety Orders: Immediate, short-term protection against family violence” in this chapter).

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