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Communtity Law Manual | Family violence & elder abuse | Challenging a temporary protection order (an order granted “without notice”)

Challenging a protection order

Challenging a temporary protection order (an order granted “without notice”)

What can I do to challenge a temporary protection order?

Family Violence Act 2018, s 77

In these cases you have the right to go to the Family Court to be heard about whether the temporary protection order should be made into a final order.

If you notify the court that you want to be heard, the registrar must set a hearing date that must be as soon as practicable, and in no case later than six weeks (unless there are special circumstances). If you’re unsuccessful in challenging the temporary order, it becomes a permanent protection order after three months.

What happens if I don’t challenge a temporary protection order?

If you don’t challenge the temporary order, it will become a permanent protection order after three months.

Note: Only a small minority of applications for protection orders are made on notice. Most are urgent applications made without notice.

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