Either party in a protection from harassment case may file an appeal if they are not satisfied with an order or decision by PHC or FC.
Appeals can be filed against decisions by the following types of judicial officers:
Protection from Harassment Court | Family Court* |
A deputy registrar, who is in charge of case management conferences (for simplified proceedings) or pre-trial conferences (for standard proceedings for matters commenced before 1 April 2022) or case conferences (for standard proceedings for matters commenced on or after 1 April 2022). | The registrar, the deputy registrar or an assistant registrar (collectively a “registrar”), who is dealing with the case conference or make orders before the hearing of the application (referred to as interlocutory applications); or |
A judge, who is in charge of hearings. | A judge hearing the application for the POHA orders. |
*An appeal against the decision of a registrar is heard by a District Judge of a Family Court. An appeal against the decision of a judge hearing the application is heard by a High Court Judge.
Setting aside an order
If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.