Personal Protection Orders
In the Australian Capital Territory, Personal Protection Orders are dealt with under the Domestic Violence and Protection Orders Act 2008 (ACT). The principle for deciding an application for a personal protection order is the need to ensure that the aggrieved person is protected from personal violence. The principles for deciding a workplace order is the need to ensure that employees and other people at the workplace are protected from personal violence at the workplace.
What is Personal Violence?
A person’s conduct is considered personal violence if the person causes personal injury to someone (the aggrieved person ) or damage to the aggrieved person’s property; or threatens to cause personal injury to the aggrieved person or damage to the aggrieved person’s property; or is harassing or offensive to the aggrieved person. If a person’s conduct is considered domestic violence, then it does not fall under the definition of personal violence. If the personal violence relates to a workplace, then it falls under a separate definition.
What is personal violence for a workplace?
A person’s conduct is personal violence in relation to a workplace if the person causes personal injury, or threatens to cause personal injury, to an employee in the employee’s capacity as an employee at the workplace; or causes damage to property, or threatens to cause damage to property, in the workplace in a way that causes reasonable fear in an employee; or is harassing or offensive to an employee in the employee’s capacity as an employee at the workplace.
When is Personal Violence considered Domestic Violence?
The Domestic Violence and Protection Orders Act deals with what conduct constitutes domestic violence and it includes broader than personal violence. A relevant distinction from Personal Violence and Domestic Violence is that Domestic Violence involves a “relevant person”.
A relevant person to the original person may be their domestic partner or former domestic partner, a relative, a child of a domestic partner or former domestic partner, or the other parent to their child.
Personal Protection Orders Lawyers and Domestic Violence Order Lawyers
We can assist you by providing you legal advice and/or representation in court for your personal protection order matter or your domestic violence order matter. If you want to represent yourself but need some legal advice about how to best represent yourself – talk to us about a one-off appointment. Alternatively, if you would like representation in court or ongoing advice in relation to a Personal Protection Order or a Domestic Violence order in the ACT, contact Claire Naidu & Co, Lawyer and Mediators. Click here for our contact details.