File for protection from harassment

Note

Overview of Protection from Harassment proceedings in the Protection from Harassment Court and the Family Court

Proceedings in the Protection from Harassment Court (PHC)

There are 2 types of proceedings in the PHC – simplified or standard. Simplified proceedings are commenced through the Community Justice and Tribunals Systems (CJTS). Standard proceedings are commenced through the eLitigation system. Find out the differences before you file.

Proceedings in the Family Court (FC)

An application for civil (non-monetary) relief under the Protection from Harassment Act 2014 may be heard in the Family Court in one of the following ways:

1. The application is commenced in the Family Court after permission is given by the Family Court; or

2. The application is transferred to the Family Court from the Protection from Harassment Court.

If you unsure whether you application can be commenced in or transferred to the Family Court, please seek independent legal advice.

Protection from Harassment proceedings are commenced through the eLitigation system. Find out how to file through eLitigation.

File for protection from harassment step-by-step

This is the process for filing an application.

If you file an application, you are the claimant (for simplified proceedings in PHC) or applicant (for standard proceedings in PHC, or proceedings in FC).

The party against whom the application is filed is the respondent. If you have received a notice about an application made against you, refer to Respond to a protection from harassment application.

Before filing

Check if your case is eligible

Find out if your case can be heard by the PHC or FC and understand the possible orders the court can make.

Refer to the relevant provisions of the Protection from Harassment Act on whether an application can be made in the Family Court. If the application may be commenced in the Family Court, please refer to Rule 4 of the Family Justice (Protection from Harassment) Rules 2024 on how to file an application for permission to commence the application.

When filing

File and serve the application

Find out the documents, fees and steps required to file an application, including how to prepare evidence. If you apply for an interim or expedited order, the application may be heard in a separate hearing.

Resolving the dispute

Attend court

Both you and the respondent must attend a court session in which a deputy registrar will attempt to resolve the dispute. If you are not able to settle the case, you need to attend a hearing in which a judge will decide whether to grant the order.

After an order is made

File other applications, if needed

You may appeal against a PHC or FC order that you are not satisfied with, or set aside an order made in your absence if you missed a court session. If the PHC or FC makes an order in your favour but the other party does not comply, you may apply to enforce it. You may also apply to change an order.

2024/10/21

Resources

Legislation associated with this topic includes:

Family Justice (Protection from Harassment) Rules 2024.
Family Justice (General) Rules 2024.
Division 1 of the Third Schedule of the Family Justice (General) Rules 2024 (regarding fees).
Protection from Harassment Act.
Supreme Court of Judicature (Protection from Harassment) Rules.
Appendix B of the Rules of Court (for matters commenced before 1 April 2022).
Fourth Schedule of the Rules of Court 2021 (for matters commenced on or after 1 April 2022).

Refer to the Family Justice Courts Practice Directions 2024 as well as Appendix D for proceedings that are governed by the Family Justice (Protection from Harassment) Rules 2024.

Related questions

For individuals

It is not compulsory for individuals to engage a lawyer for protection from harassment applications. However, you may wish to seek independent legal advice on your options as the courts can only assist you with the filing process.

If you wish to be represented by a lawyer, your lawyer will need to do the following, depending on whether the case is under the simplified or standard proceedings:

(Simplified) File an Application for Representative in the Community Justice and Tribunals System (CJTS).
(Standard or proceedings in the Family Court) File a notice of appointment via eLitigation.

For companies, partnerships or associations

Companies, limited liability partnerships or unincorporated associations need to be represented by a lawyer, according to the Rules of Court 2021. However, in some cases, the court may allow an officer of the entity to act on its behalf in the legal proceedings in some circumstances.

Share this page:

Facebook