A temporary protection order (“TPO”) is an order made in the period before a Court decides whether to make a final domestic violence order. TPOs are normally imposed at the first mention of an application for a domestic violence order, and stay in force until either:
The court may only make a TPO if it is satisfied that:
The court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.
All domestic violence orders, including TPOs, will contain a condition that the respondent must be of good behaviour towards the aggrieved (and any other person named in the order) and must not commit domestic violence against them.
If a child of the aggrieved, or a child who usually lives with the aggrieved, is named in a TPO, there will also be a condition that the respondent must not expose that child to domestic violence.
The court may impose any additional conditions which are necessary or desirable to protect the aggrieved (and any other named person) from domestic violence. Conditions imposed by the court may include:
Breaching any condition of a TPO is a criminal offence with a maximum term of 3 years’ imprisonment; the maximum penalty increases to 5 years’ imprisonment if the offender has been found guilty of breaching a domestic violence order in the previous 5 years.
An application for a TPO can be made by:
If an application for a final domestic violence order has been prepared but a TPO is not in place, a police officer may apply for an urgent TPO. The police officer must reasonably believe:
A police protection notice are issued directly by a police officer. A police protection notice does not need to be approved by the court, but does require the approval of a supervising police officer.
A police officer may issue a police protection notice against a person if, after investigation, the police officer reasonably believes:
In addition to the standard conditions contained in all domestic violence orders, an officer issuing a police protection notice may impose any other conditions which are necessary or desirable to protect the aggrieved from domestic violence.
A police protection notice also serves as an application for a final domestic violence order, and will remain in force until that application is heard by the court.
If you have experienced domestic violence, assistance applying for or responding to a domestic violence application, temporary protection order or police protection notice, or an application for a domestic violence order names you as the respondent, call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to a compassionate solicitor who can assist you, or follow the links below for more information on Domestic Violence.
Our Brisbane lawyers have answered some common questions below:
What Is Domestic Violence in Australia?
Who Can Apply for A Domestic Violence Order?
Who Is the Aggrieved and Who Is the Respondent? Who Else Can the Order Include?
When Will the Court Grant an Application for A Domestic Violence Order?
What Conditions Does A Domestic Violence Order Impose?
What Options Does A Respondent to An Application for A Domestic Violence Order Have?
What Is A Temporary Protection Order (TPO)?
How Long Does A Domestic Violence Order Last?
Can You Apply to Vary A Domestic Violence Order?
What Happens If You Breach A Domestic Violence Order?
What If You Have Family Court Orders or Proceedings Before the Family Law Courts?
Will A Domestic Violence Order Revoke Your Weapons Licence?
Should You Consider Written Parenting Arrangements?
What Is the Offence of Choking, Suffocation, Or Strangulation in A Domestic Setting?
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