Protecting Yourself
Using the Law to Keep an Abuser Away
If you have been abused and want the abuser to stay away from you, you can apply for court orders. These court orders tell the abuser to stay away. If the abuser doesn't stay away, they can be punished. There are a few different kinds of procedures that you can use to obtain a court order to protect yourself. You may wish to consider talking to an agency or a lawyer who understands these orders to decide which order to apply for. In an emergency situation, you should always call the police.
One of the most helpful tools is an emergency protection order. The order can say that the abuser has to leave the shared living place. Often, if you are able to stay in the home yourself, it will be more stable for both you and your children and the situation as a whole.
Please note that a court order provides some measure of protection, but it is no guarantee that the person who has been abusing you will not act even though an order is in place. You must still take practical steps to keep yourself safe.
Protective orders
- Emergency Protection Order under the Prevention Against Family Violence Act:
This is an order that police can obtain from the court to provide immediate protection to an abused family member. The order can be requested at any time of the day or night.View more information on Emergency Protection Orders.
- Queen's Bench Protection Order under the Prevention Against Family Violence Act:
This is an order which can be requested in a non-emergency situation.View more information on Queen's Bench Protection Orders.
- Restraining Order through the civil courts:
A restraining order is an order made by a judge which orders a person or persons to stay away from persons named in the order, and prohibits them from hurting or threatening to hurt those named in the order.View more information on Restraining Orders.
- Peace Bond through the criminal courts:
A peace bond is an order from a criminal court. A court can grant a peace bond that requires the abuser to have no contact with you and your children, and to stay away from specific locations.View more information on Peace Bonds.
In addition to the above orders a No Contact Order can be requested after you have filed a criminal complaint against someone. If a person is arrested with a warrant and is released pending a court appearance, the police can order him or her not to go near or communicate with the person that they may have abused. It is important to make the police aware that this is a restriction that should be imposed on the accused. Such an order is called a no contact order. The order will only be effective until the accused appears in court and the case against them is heard.
It is also possible for a Justice of the Peace to impose a no contact order on an accused when releasing him or her on bail. The prosecutor in charge of the case must ask the Justice to impose this condition, so it will be important to relay to the prosecutor that this is something that should be requested. The order will only be effective until the accused appears in court and the case against them is heard. If an accused breaks a no contact order he or she might be then kept in custody.
A no contact order can also be imposed as part of a final sentence for a criminal offence. If the offender breaks the no contact order, he or she can be taken back to court for a further punishment. There is also the possibility that the offender will be charged with a new offence for breaking the order.
| Protecting Yourself - Continued: |
July 2003
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