Domestic Violence Protection Orders
Someone has taken a Domestic Violence Order out against me!
If you have been served with an application for a Domestic Violence Order you should seek legal advice before making any decisions. You should read the application very carefully as it will contain all the information that you need to know, including the date at which you will be required to attend a Magistrates Court.
The following information will be included on the application:
- The details of the person making the application
- The details of the Respondent
- Whether the applicant is applying for a Temporary Protection Order
- The grounds for making the application – these are the reasons why the application is seeking protection form the Court
- Children of the aggrieved or any children who usually live with the aggrieved
- Relatives or other named person the applicant has listed that require protection
- Details of any other existing Orders
- Conditions sought by the aggrieved
It is important that you abide by any conditions that are listed on the application and seek legal advice as soon as practicable to discuss the options available to you.
If an Order is made against you, you must abide by the conditions contained in the Order. Having an Order made against you is not a criminal offence and will not show up in your criminal history. However, if you breach any of the conditions it becomes a criminal offence and you can face some serious penalties as a result, including a term of imprisonment. Generally, Orders are made for a period of 5 years and as of 25 November 2017, are recognised nationally.
You must attend the date listed on the application. If you do not attend Court on the date required, the magistrate may make a final Order in your absence. Having a magistrate make a final Order due to your absence can adversely impact any family matters currently underway or if any family matters are commenced in the future.
If you have been served with an Application for a Domestic Violence Protection Order contact the team at Miller Sockhill Lawyers for a free 15 minute telephone consultation.
