A Protection Order will require one party (the Respondent) to be of good behaviour and not commit any act of domestic violence against the other (the Aggrieved). The Order may also include other conditions that, for example, prevent one person from approaching the other in public, attending their residence or workplace, contacting them, or asking someone else to contact them.
These conditions must be considered when working out parenting arrangements. For example, changeovers may need to occur at a public venue.
Often a Protection Order includes exceptions to the conditions, for example, that one person can approach or contact the other, but only if they are doing so to spend time with the children and in accordance with an agreement or Court Order.
If parenting matters are before a Court and a Protection Order (either a Temporary or Final Order) is in existence, the Judge must consider the existence of the Order when making an Order about the child’s living or care arrangements. The Judge must also consider the nature of the allegations and whether there have been any breaches of the Order.
The existence of Protection Orders does not necessarily exclude the children from living, spending time or communicating with a parent listed as the Respondent, and it is only one of many matters to be considered.
If a party has breached Parenting Orders, you should make an appointment with a lawyer to discuss your options.
How you proceed will depend on how the Orders have been breached. You may choose to make a Contravention Application, seeking that the Court impose a punishment on the other parent should you be able to prove the breach. However, in some circumstances, it may be of more assistance to make an Application to the Court seeking new Orders.
It is important that you contact a lawyer as soon as possible about the breach. If you or anyone else you know require assistance regarding a Protection Order or parenting matter, contact our team of experienced Solicitors.