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File for protection from harassment

Find out about the process to file an application with the Protection from Harassment Court.

Note

About the Protection from Harassment Court

The Protection from Harassment Court (PHC) hears matters related to harassment, stalking, cyberbullying and other undesirable behaviours that cause (or are likely to cause) harassment, alarm or distress.

There are 2 types of proceedings in the PHC – simplified or standard. Find out the differences before you file.

File for protection from harassment step-by-step

This is the process for filing an application with the PHC.

If you file an application, you are the claimant (for simplified proceedings) or applicant (for standard proceedings).

The party against whom the application is filed is the respondent. If you have received a notice about an application made against you, refer to Respond to a protection from harassment application.

Before filing

Check if your case is eligible

Find out if your case can be heard by the PHC and understand the possible orders the court can make.

When filing

File and serve the application

Find out the documents, fees and steps required to file an application, including how to prepare evidence. If you apply for an interim or expedited order, the application will be heard in a separate hearing.

Resolving the dispute

Attend court

Both you and the respondent must attend a court session in which a deputy registrar will attempt to resolve the dispute. If you are not able to settle the case, you need to attend a hearing in which a judge will decide whether to grant the order.

After an order is made

File other applications, if needed

You may appeal against a PHC order that you are not satisfied with, or set aside an order made in your absence if you missed a court session. If the PHC makes an order in your favour but the other party does not comply, you may apply to enforce it. You may also apply to change an order.

2021/07/23

Resources

Legislation associated with this topic includes:

The Protection from Harassment Act.
The Supreme Court of Judicature (Protection from Harassment) Rules.
Appendix B of the Rules of Court (for matters commenced before 1 April 2022).
Fourth Schedule of the Rules of Court 2021 (for matters commenced on or after 1 April 2022).

Related questions

For individuals

It is not compulsory for individuals to engage a lawyer for protection from harassment applications. However, you may wish to seek independent legal advice on your options as the courts can only assist you with the filing process.

If you wish to be represented by a lawyer, your lawyer will need to do the following, depending on whether the case is under the simplified or standard proceedings:

(Simplified) File an Application for Representative in the Community Justice and Tribunals System (CJTS).
(Standard) File a notice of appointment via eLitigation.

For companies, partnerships or associations

Companies, limited liability partnerships or unincorporated associations need to be represented by a lawyer, according to the Rules of Court 2021. However, in some cases, the court may allow an officer of the entity to act on its behalf in the legal proceedings in some circumstances.

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