Refer to the following to find out the types of orders the court can make.
If you have filed a personal protection order (PPO) application, you are the applicant.
If you are the party against whom the application is filed, you are the respondent.
A PPO is an order restraining the respondent from committing family violence against the applicant or other family members.
A PPO is issued at the end of a hearing when the court is satisfied that:
A PPO may also include a provision that the respondent is not to incite or assist any other person to commit family violence against the applicant or other family members.
An EO is a temporary PPO restraining the respondent from committing family violence against the applicant or other family members.
An EO will take effect on the date on which the notice of the order is served on the respondent, or on a later date if the court specifies as such.
It will cease on whichever of the following dates occurs first:
The applicant can ask for an EO to be issued. However, the court will only do so if it is satisfied that there is imminent danger of family violence being committed against the applicant.
A DEO is an order excluding or restricting the respondent from entering all or part of the applicant's or the protected family member's residence.
The applicant can apply for a DEO together with a PPO. It may be issued together with a PPO at the end of a hearing.
A CGO (also known as mandatory counselling) is an order referring the applicant (or the person the orders are meant to protect) or the respondent or both parties to counselling conducted at an agency assigned by the Ministry of Social and Family Development (MSF).
The agency will contact the parties directly to arrange for counselling.
After a CGO is made, the court will arrange for a court review about 6 to 9 months later. At the court review, the court will assess the progress the parties have made based on the report provided by the counselling agency before deciding whether the parties should continue to attend counselling.
If the court finds that the parties no longer require mandatory counselling, the court will discharge the parties from the obligation.
If the court finds that mandatory counselling should continue, parties must attend all future counselling sessions that are scheduled so long as the court has not discharged them from doing so.
If it is brought to the court’s attention that any of the parties has an addiction issue, the court may also order them to attend National Addictions Management Services (NAMS) counselling sessions in addition to the CGO.
If you are unable to attend the court review on the stated date, you can make an application to change it via the Integrated Family Application Management System (iFAMS) accompanied by supporting documents. This must be done at least 5 working days in advance.
For urgent cases, contact the Family Justice Courts (FJC) Registry at firstname.lastname@example.org or 6435 5471.
If the court grants your request, a new date for the court review will be arranged. Otherwise, you are required to attend the court review as scheduled.
The court usually issues a CGO together with a PPO and the CGO may also involve the parties' children (if any).
A breach of a court order is a criminal offence. This means that the party who breaches (disobeys) the order can be punished with a fine, an imprisonment term or both.
If a party breaches a PPO, EO or DEO, you should report the matter to the police immediately. The police will investigate and decide whether to charge the party for breaching the order.
Alternatively, you can file a Magistrate's Complaint at the State Courts for breach of the order. If the magistrate is satisfied that there are sufficient grounds for proceeding, the court may direct the police to investigate the matter.
If a party fails to attend their counselling sessions when a CGO is made, the party is considered to have breached the order and may be liable for contempt of court.
A breach of a PPO, EO or DEO is punishable by a fine of up to $2,000 or by imprisonment of up to 6 months, or both.
A second or subsequent offence is punishable by a fine of up to $5,000 or by imprisonment of up to 12 months, or both.
If you are not satisfied with an order, you may appeal to the Family Division of the High Court by filing a Notice of Appeal.
You need to file and serve the notice within 14 days of the order.
You must also provide security for the other party’s costs of the appeal. This will cost $3,000.
Find out about the appeal process.