Difference between revisions of "Interim Applications in Family Matters"

Jump to navigation Jump to search
Line 600: Line 600:
===Protection orders===
===Protection orders===


The court can make a variety of orders where there is or has been a history of family violence and someone is in need of protection.  More information about family violence can be found in the chapter on [[Family Violence Overview|Family Violence]].
The court can make a variety of orders where there is or has been a history of family violence and someone is in need of protection.  These orders are usually called Protection Orders and are available under Part 9 of the Family Law Act (starting section 182).  More information about family violence can be found in the chapter on [[Family Violence Overview|Family Violence]].


The specifics of protection order , depending on what the circumstances are and which order makes the most sense.  
The specifics of the protection order will depend on what the circumstances are and which order makes the most sense.  The range of protection orders available are set out in section 183(3) and include:
 
- orders prohibiting or limiting contact with the at-risk family member;
- orders prohibiting a person from attending, nearing or entering a place regularly attended by the at-risk family member, including the residence, property, business, school or place of employment of the at-risk family member.  This even applies if the family member owns the place, or has a right to possess the place,
- orders prohibiting a party from following the at-risk family member,
- orders prohibiting the possession of a weapon, firearm or a specified object,
- orders prohibiting the possession of a licence, registration certificate, authorization or other document relating to a weapon or firearm;
- orders directing police officers to remove the family member from the residence immediately or within a specified period of time, or to accompany the family member, the at-risk family member or a specified person to the residence within a specified period of time as well as to supervise the removal of personal belongings.


===Restraining orders===
===Restraining orders===

Navigation menu