DOMESTIC VIOLENCE AND
HARASSMENT APPLICATIONS
WHAT CONSTITUTES DOMESTIC VIOLENCE AND HARASSMENT?
Domestic violence and harassment are two distinct concepts. Domestic violence refers to physical abuse, sexual abuse, emotional, verbal, and psychological abuse, intimidation, harassment, stalking, damage to property, entry into the complainant’s residence without consent, where the parties do not share the same residence, or any other controlling or abusive behaviour towards the complainant, which harms, or may cause imminent harm to the safety, health, or well-being of the complainant. Conversely, harassment occurs where the respondent engages in a pattern of conduct that induces fear of harm, including repeatedly watching, or loitering outside of or near the complainant’s home, workplace, or place of study, repeatedly making telephone calls or inducing another person to make telephone calls to the complainant, whether or not conversation ensues, repeatedly sending, delivering, or causing the delivery of letters, packages, electronic mail or other objects to the complainant, or making unwelcome sexual advances toward the complainant.
HOW TO APPLY FOR A PROTECTION ORDER
The procedure for obtaining a protection order against domestic violence is regulated by the Domestic Violence Act and obtaining a protection order against harassment is regulated by the Protection from Harassment Act. A complainant who has suffered an act of domestic violence or harassment, may apply for a protection order in the area in which they live by completing the standard application forms found online or at any Magistrate’s Court. The form must be accompanied by an affidavit written by the complainant stating the facts upon which the request for an order is based along with any proof of the alleged domestic violence or harassment, if available. Anyone may apply for a protection order and does not need to appoint a legal representative to assist them with this process. However, it is advisable to obtain the advice of an experienced family law attorney before approaching the court.