Create a bespoke document in minutes,聽or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership聽of your information
Protection Order
I need a protection order document to safeguard against harassment from a former partner, ensuring no contact is made directly or indirectly, and includes provisions for maintaining a safe distance from my residence and workplace. The order should be enforceable immediately and include a clause for police intervention if breached.
What is a Protection Order?
A Protection Order is a court-issued legal directive that requires someone to stop harming, threatening, or harassing another person. These orders play a vital role in Australian family and domestic violence law, helping safeguard people from abuse and intimidation.
The order sets clear rules about what the restrained person can and cannot do - like staying away from specific locations, avoiding contact, or surrendering weapons. Breaking these conditions is a criminal offense in all Australian states and territories, leading to arrest and potential jail time. Police can enforce these orders immediately to protect the person at risk.
When should you use a Protection Order?
You need a Protection Order when someone's behavior makes you fear for your safety or wellbeing. Common triggers include physical violence, threats, stalking, repeated unwanted contact, or intimidating behavior from a partner, ex-partner, family member, or anyone else causing you distress.
Time is critical - apply for an order as soon as threatening behavior starts. Don't wait for violence to escalate. Australian courts fast-track these applications, especially if you're at immediate risk. Document all incidents and contact the police or a domestic violence service first - they can help you navigate the process and access emergency protection.
What are the different types of Protection Order?
- Personal Protection Orders: Shield individuals from domestic violence, stalking, or harassment. Set strict rules about contact and distance.
- Domestic Violence Orders: Focus specifically on family or intimate partner violence. Include conditions about shared property and child arrangements.
- Workplace Protection Orders: Safeguard employees from harassment or threats at work. Often include specific workplace locations and business hours.
- Family Violence Intervention Orders: Provide broader protection for family members, including children. Can restrict behavior, communication, and access to shared spaces.
- Apprehended Violence Orders (AVOs): Used in NSW specifically, covering both domestic and personal violence situations.
Who should typically use a Protection Order?
- Protected Persons: Individuals seeking safety from violence, threats, or harassment. They apply for and benefit from the Protection Order's safeguards.
- Magistrates and Judges: Review applications and issue Protection Orders with specific conditions based on evidence and risk levels.
- Police Officers: Enforce order conditions, respond to breaches, and often help victims apply for immediate protection.
- Legal Representatives: Help draft applications, represent parties in court, and explain legal obligations and rights.
- Respondents: People bound by the order's conditions, facing criminal penalties if they breach its terms.
How do you write a Protection Order?
- Personal Details: Gather full names, addresses, and contact information for both protected persons and respondents.
- Incident Documentation: Record dates, times, and descriptions of threatening behavior or violence. Include photos, messages, or witness statements.
- Safety Concerns: List specific fears and risks requiring protection, including any weapons or immediate threats.
- Location Details: Note all places needing protection - home, work, school, or other frequent locations.
- Supporting Evidence: Collect police reports, medical records, or previous court orders relating to the situation.
- Specific Conditions: Consider what restrictions you need - distance requirements, communication bans, or property access limits.
What should be included in a Protection Order?
- Party Details: Full legal names, dates of birth, and current addresses of protected persons and respondents.
- Protection Scope: Clear description of prohibited behaviors, contact restrictions, and distance requirements.
- Duration Terms: Specific start date and length of the order, including any review or extension provisions.
- Protected Locations: Exact addresses and boundaries where restrictions apply.
- Enforcement Clause: Statement of police powers and consequences for breaching the order.
- Court Authority: Official court seal, magistrate's signature, and filing details.
- Service Details: Confirmation of how and when the respondent will be notified.
What's the difference between a Protection Order and a Restraining Order?
Protection Orders and Restraining Orders are often confused, but they serve distinct purposes in Australian law. While both aim to protect individuals, their scope and application differ significantly.
- Legal Framework: Protection Orders fall under family violence legislation and offer broader safeguards, including property protection and child safety measures. Restraining Orders typically focus solely on personal contact restrictions.
- Application Process: Protection Orders can be issued more quickly, often with immediate police support in domestic violence situations. Restraining Orders usually require more detailed court proceedings.
- Scope of Protection: Protection Orders include comprehensive safety measures like exclusive home occupancy and mandatory counselling. Restraining Orders mainly deal with physical distance and communication restrictions.
- Enforcement Priority: Police treat Protection Order breaches as higher-priority domestic violence matters, while Restraining Order violations may be handled as general criminal matters.
Download our whitepaper on the future of AI in Legal
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a 拢1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our for more details and real-time security updates.
Read our Privacy Policy.