There are people who suffer emotional and physical abuse on a daily basis but are not quite sure what they can do to prevent it. There are two options available to them. They can either apply for a Protection Order or apply for a Harassment Order. However, many people do not know the difference between the two and which Order would suit their situation.
A Protection Order is described as being a form of court order that requires a party to do or to refrain from doing certain acts. These orders flow from the court’s injunction power to grant equitable remedies in these situations.
The following is required to be present when applying for a Protection Order:
– Needs to show a pattern of abuse.
– It has to be a form of domestic violence which includes:
· Physical violence
· Sexual violence
· Financial violence
· Emotional/verbal violence
– The violence needs to be directed at the person who wants to make the application.
A Protection Order forms part of the Domestic Violence Act. This means that the abuse needs to be between persons that have a domestic relationship, live in the same house, like brother and sister, or mother and father, etc.
If you’ve been the victim of abusive or threatening behaviour by someone other than a person living with you, or with whom you don’t have a domestic relationship, it may be harassment. There are different things you can do if you’re being harassed, such as applying for a Harassment Order. The following is important to know about Harassment Orders:
· No pattern is needed, and a first offence can be sufficient for a Harassment Order.
· No relationship is required, and it can be against someone you don’t even know.
· No violence is required.
· Harassment includes: following, messaging, unwanted packages, letters, psychological harm, physical harm, financial harm, etc.
It is important to know that there are remedies available to victims who are in abusive relationships. Whether it is emotional, physical or financial abuse by someone you know or stalking and harassment by someone you don’t know, it is time to take a stand against abuse.
For direct answers to your specific personal questions, please contact us directly.
Read more about our family law services.
Author – Jessica Gooding
