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Who Can Apply For a Protection Order?

Anyone in any of these relationships can apply for a Protection Order :

  • Man and wife married according to civil, customary or religious law
  • Gay or lesbian couple
  • People living together who aren’t married
  • People who are engaged
  • People who are dating
  • People who share the same home (housemates, boarding schools, university residences, and so on)
  • Family members of the abused
  • Parents of a child or people responsible for a child
  • A child under the age of 21, without the help of a parent or guardian
  • Any person, including a health service provider, police officer, social worker, teacher, neighbour, friend, relative, minister, who has a material interest (not just being a busybody) in a victim’s wellbeing provided that the victim consents. No consent from the victim is needed if the victim is a child, mentally retarded, unconscious or for other good reason isn’t able to consent.

The Domestic Violence Act says if a person believes a child is being abused they don’t have to get the child’s permission before getting a Protection Order. It is enough to believe that the child is being abused.

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