Diane McNeil
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Find out what are the types of orders the court can make to protect a family member from family violence and the consequences for breaching these orders. Understand the outcomes of a personal protection order application. When filing.
- What Is A Protection Order (PO)?
- When Can A Protection Order Be Applied for?
- For How Long Will The Protection Order Be in Effect?
- How to Apply For A Protection Order in Singapore
- How Long Might It Take For You to Get The Protection Order?
- What Happens If The Protection Order Is Breached?
- Do You Need A Lawyer to Apply For A Protection Order?
Made under the Protection from Harassment Act (POHA), a Protection Order (PO) protects harassment victims from future harassment. A PO can offer protection from harassment by: 1. Prohibiting the perpetrator from doing any harassing acts towards the victim; 2. Requiring that nobody publish harassing communications, or continue to publish such commun...
For a PO to be granted, 3 requirements must be met: 1. The perpetrator has committed an act of harassment under sections 3, 4, 5, 6, or 7 of the POHA (refer to the tables above); 2. The perpetrator is likely to commit future acts of harassment; and 3. The court believes that it is “just and equitable in all the circumstances” to grant a PO.
As a PO is a highly flexible remedy that takes into account the victim’s circumstances, the period of protection will vary according to each individual’s situation. The duration of protection will be specified in the order according to the court’s discretion.
Step 1: File your application for a Protection Order online
With the establishment of the Protection from Harassment Court, you can now file for a PO online using a simplified form if: 1. Your compensation claim is below $20,000 2. You are the only applicant (e.g. there are no co-claimants) 3. You’re bringing a claim against 5 or fewer respondents (i.e., the persons against whom the order application is filed) 4. You’re bringing a claim within 2 years of the harassment Before e-filing your application, you will need to complete a pre-filing assessment...
Alternatively, file your application for a Protection Order via an originating application
If you’re not eligible to file for a PO online via the CJTS, the following documents are needed to file an application for a PO. Copies of the relevant forms can be obtained from the State Courts’ website: 1. An Originating ApplicationWithout Notice (OA)(Form 6),to commence the hearing of the PO application 2. A Supporting Affidavit (SA) (Form 2),which contains your supporting documents that you wish to use as evidence in court. You will need to affirm/swear that your affidavit is true to the...
Step 2: Attend a case conference
3 to 4 weeks after your OA and SA are filed, both you and the alleged perpetrator will have to attend a case conference before a judge. The aim of the case conference is for the parties to settle the administrative matters related to the hearing, such as the timeline and hearing date. The judge may also explore alternative dispute resolution options such as mediation or counselling. If no amicable resolution can be reached, the case may be directed for a hearing.
A PO application may be processed within 4 weeks. If you need a PO urgently, you should apply for an Expedited Protection Order (EPO)on top of your application for a PO. An EPO has a faster timeline as the case conference will be fixed within the next 2 working days, unlike the case conference for a PO, which is at least 3 weeks from the date of fi...
With the exception of orders for the perpetrator to attend counselling or mediation, breaches of any order or direction in a PO can result in the perpetrator being fined up to $5,000 and/or jailed for up to 6 months. You should hence make a police report if a PO has been breached. Read our other article to learn more about what you can do if a PO i...
It is not necessary to engage a lawyer to apply for a PO as it can be done by yourself. However, a PO has many administrative requirements and a lawyer can guide you through the application process. The assistance of a lawyercan also increase the likelihood of a successful PO application as he/she can help to ensure that the proper forms are used a...
Personal Protection Orders (PPOs) are court orders instructing an offender to not use violence against a family member. Courts may issue PPOs when they find that violence has been committed or is likely to be committed. A breach of the court order can be a criminal offence.
Apr 1, 2015 · Learn what a restraining order is, how to get one, and what types of restraining orders exist in different situations. Find out the common provisions of a restraining order, such as no contact, stay away, and no firearms.
- Noun 1. A court order issued to prohibit an individual from causing harm or fear to another person by ordering the abuser to have no contact with,...
- In most jurisdictions, there are different types of restraining order. Which type is issued depends on the situation. In states that have only one...
- While many people hire an attorney to take care of preparing and filing restraining order documents, the application for restraining order is made...
- Each state has specific statues regarding the things to be included in a restraining order, many of which are specific to the circumstances of the...
- The purpose of a restraining order is, not only to protect the victim from harm, but to help ensure the victim does not have to live in fear. Becau...
- In many cases of domestic violence, the parties’ children get caught in the crossfire. A domestic violence restraining order will be tailored to pr...
- While the courts hear legitimate cases of abuse every day, and issue restraining orders when they are reasonably needed, the courts frown on people...
- 1. Authority – The right or power to make decisions, to give orders, or to control something or someone. 2. Criminal Charge – A formal accusation b...
A restraining order or protective order, is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
Apr 27, 2023 · Learn what elements you need to show and what evidence you need to gather to get a restraining order against an abuser or harasser. Find out how to fill out a petition, what types of evidence to use, and when to consult a lawyer.
Learn what a restraining order is, why you may need one, and how to get one in different situations. Find out the types, requirements, and consequences of restraining orders in the US.
