Where someone is being hurt, threatened or harassed, the law provides protective orders. Which one applies depends on who the other person is and what they are doing.

Yeo Marini Law Corporation acts in applications for personal protection orders, in proceedings under the Protection from Harassment Act, and in matters involving the Vulnerable Adults Act. We also act for respondents defending such applications.

If you are in immediate danger, call the police on 999. Legal proceedings are not a substitute for immediate safety.

Personal Protection Orders

A PPO is available under the Women’s Charter where family violence has been committed or is likely to be committed, and where an order is necessary for protection.

“Family violence” is broader than many people assume. It includes wilfully causing hurt, placing a family member in fear of hurt, wrongfully confining or restraining them, and continual harassment causing anguish. It is not limited to physical assault.

A PPO is available against a family member, which includes a spouse or former spouse, a child, a parent, a sibling, a parent-in-law, and certain other relatives.

Expedited orders

Where there is imminent danger, an Expedited Order may generally be granted without waiting for the full hearing. These are temporary, but they take effect quickly and can provide immediate protection while the substantive application proceeds.

Domestic Exclusion Orders

Where necessary, a Domestic Exclusion Order may also be made restraining a person from entering the shared residence or part of it, regardless of who owns the property. This is a serious order and is generally made only where the court is satisfied it is warranted.

Protection from Harassment Act

Where the other person is not a family member, POHA is usually the relevant route. It covers harassment, alarm and distress, unlawful stalking, and threatening or abusive communications, including conduct online.

Remedies under POHA include protection orders, expedited protection orders, orders that content be taken down or that no further publication occur, and in respect of false statements of fact, orders requiring correction notices.

POHA applications are heard in the Protection from Harassment Court, which is designed to be accessible.

Vulnerable Adults Act

Where an adult aged 18 or above has a physical or mental infirmity or disability and is experiencing or at risk of abuse, neglect or self-neglect, the Vulnerable Adults Act provides for protective orders and, in serious cases, orders for removal to a place of safety.

Evidence

These applications turn on evidence, and contemporaneous evidence tends to carry weight. Where it is safe to do so:

  • Keep a dated record of incidents, with as much specificity as possible
  • Preserve messages, call logs, voicemails and social media content, with timestamps visible
  • Obtain medical documentation of any injuries, and tell the doctor how they occurred
  • Note the details of anyone who witnessed an incident
  • Keep copies somewhere the other person cannot access

If an application has been made against you

A protection order has real consequences, including in any related divorce or children proceedings, and breach is a criminal offence. Allegations are sometimes made tactically. If you have been served, you are entitled to be heard and you should take advice rather than ignore it.

Common questions

What counts as family violence?

It is broader than many people assume. It includes wilfully causing hurt, placing a family member in fear of hurt, wrongfully confining or restraining them, and continual harassment causing anguish. It is not limited to physical assault.

What if I need protection immediately?

Where there is imminent danger, an Expedited Order may generally be granted without waiting for the full hearing. These are temporary but take effect quickly. If you are in immediate danger, call the police on 999.

What if the other person is not a family member?

The Protection from Harassment Act is usually the relevant route. It covers harassment, alarm and distress, unlawful stalking, and threatening or abusive communications, including conduct online.

Speaking to us

Nothing on this page is legal advice for your situation, and contacting us does not by itself create a solicitor and client relationship. To discuss a protection order, contact us by telephone, email or WhatsApp. You may also wish to read about our divorce practice or other practice areas.