Are you a victim of spousal abuse?

If you are a victim of ongoing domestic abuse, and your safety is in immediate danger, please contact the police for assistance at 999. When dealing with domestic abuse, it is imperative to know your rights and seek legal help to protect yourself and your loved ones. At JCP Law we are well versed in laws surrounding domestic abuse and can advise you based on your individual circumstances.

One such legal option is to apply for a Personal Protection Order [PPO] through the courts. The courts must be satisfied that such an order is required to prevent any further harm to the victim(s). If the perpetrator breaches the PPO and causes harm to the victim(s) again, you must lodge a police report. The perpetrator could then be arrested and charged for the offense.

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Frequently asked questions

What is family violence?

family violence means the output of any of the following acts:

  1. wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
  2. causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
  3. wrongfully confining or restraining a family member against his will; or
  4. causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,

It does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age;

What would you need to prove?

Ultimately you will need to satisfy the Court on a balance of probabilities that family violence has been committed or is likely to be committed against a family member. It is therefore necessary for the protection of the family member that a protection order be made to restrain the person against any violence towards the family member.

What happens if someone breaches a PPO/EO/DEO order?

A breach of a PPO/EO/DEO order will give rise to a criminal investigation and may result in a criminal charge. Depending on the seriousness of the breach, the person who breaches the order can be fined by the criminal courts or even sentenced to imprisonment.

Do I need a lawyer for a PPO?

Technically no, but it would be advised given the tedious process and requirements to prepare documents and evidence to prove or disprove the application.

There will also be attendances in Court, along with a trial process that would require you to take the stand be examined and cross-examined.

A good lawyer who is familiar with these types of situations will help hold your hand through the process, draft all the documents, and keep you pointing in the right direction.

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