View the other possible remedies for protection from harassment.
Before you file, make sure you:
In most cases, the victim should file the application.
If the victim is below 21 years old, a representative (referred to as a "litigation representative") who is at least 21 years old (usually their parent or legal guardian) must apply on the victims' behalf.
In such cases, the application must:
If the simplified proceedings (in PHC) apply | Refer to the steps to file through the Community Justice and Tribunals System (CJTS). |
If the standard proceedings (in PHC) apply | Refer to the steps to file through eLitigation. |
Proceedings in FC | Refer to the steps to file through eLitigation. |
If you file a claim under the simplified proceedings, you are the claimant.
The party against whom the claim is filed is the respondent.
Refer to the following on how to file for protection from harassment under the simplified proceedings.
Who can file | Any person who has experienced the types of cases specified in the Protection from Harassment Act (POHA). View the cases that are eligible. The person should also have completed a pre-filing assessment and verified that the simplified proceedings apply. |
When to file | Within 2 years of the event which creates the cause of action. |
Estimated fees | Refer to this table for the list of fees. |
How to file | Through CJTS |
You will need to provide the following information:
The estimated fees include:
Item or service | Fees |
---|---|
File a claim for a protection order (with or without an expedited order) | $30 |
File a claim for a false statement order or an interim false statement order | $30 |
File a claim for damages below $10,000 | $30 |
File a claim for damages above $10,000 and below $20,000 | $60 |
For the full list of fees, refer to the First Schedule of the Supreme Court of Judicature (Protection from Harassment) Rules.
The steps depend on whether you are applying for an interim order together with the final order.
Step | Result |
---|---|
1. File the claim | Your claim is filed in the PHC. |
2. Serve the claim | You inform the respondent of your claim. |
3. File a Declaration of Service | The PHC receives proof that you have served the claim on the respondent. |
When: within 2 years of the event which creates the cause of action
Log in to CJTS. Under the Online Applications tab, select PHC, and then select Claim. Follow the instructions to fill in the required information and pay the filing fees.
Your application will only be processed after you have paid. After you have paid, you will need to:
For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).
When: within 14 days after the date of filing the claim
After filing the claim, you must serve the claim and Notice of CMC on the respondent within 14 days. This informs the respondent of the claim and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the respondent's proper address:
Note:
When: within 8 days after the date you serve the documents on the respondent
After serving the claim, you must upload the Declaration of Service in CJTS within 8 days. This serves as proof that you have served the application on the respondent.
Log in to CJTS. Under Online Applications, select Declaration of Service and follow the instructions.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
The respondent may choose to initiate eNegotiation via CJTS.
Both you and the respondent will need to attend a CMC. Generally, this will be scheduled around 4 weeks after the date you filed your claim. Find out what you need to prepare before attending the CMC.
If you are applying for a final order and an interim order which includes:
Log in to CJTS. Under the Online Applications tab, select PHC, and then select Claim.
You will need to indicate in your claim form that you wish to apply for an interim order.
Follow the instructions to fill in the required information and pay the filing fees. Your application will only be processed after you have paid.
For detailed instructions, refer to the
After you file, the court will contact you with the date and time of a hearing that you must attend.
You will then need to follow these steps:
During the hearing, a judge will decide whether to grant the interim or expedited order. Generally, this hearing will be within 2 working days from the date you filed your claim.
Note: The outcome of your application for an interim or expedited order does not affect your application for a final order. The court will hear these applications during separate sessions.
The judge will give you specific directions on how to serve the relevant documents on the respondent. This informs the respondent of your claim and the court proceeding that they must attend.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
The respondent may choose to initiate eNegotiation via CJTS.
Both you and the respondent will need to attend a case management conference (CMC). Generally, this will be scheduled around 4 weeks after the date you filed your claim. Find out what you need to prepare before attending the CMC.
If you file an application under the standard proceedings, you are the applicant.
The party against whom the application is filed is the respondent.
Refer to the following on how to file for protection from harassment under the standard proceedings.
Who can file | Any person who has experienced the types of cases specified in the Protection from Harassment Act (POHA). View the cases that are eligible. |
When to file | Within 6 years of the event which creates the cause of action. |
Estimated fees | Refer to this table for the list of fees. |
How to file | Through eLitigation. |
Originating Summons (OS)(for matters commenced before 1 April 2022); or Originating Application (OA)(for matters commenced on or after 1 April 2022) | Form 1 of the Supreme Court of Judicature (Protection from Harassment) Rules. |
Supporting affidavit | Form 2 of the Supreme Court of Judicature (Protection from Harassment) Rules.
|
All other supporting documents that you wish to use as evidence | These must be prepared in the required format. |
Originating Summons (OS)(for matters commenced before 1 April 2022); or Originating Application (OA)(for matters commenced on or after 1 April 2022) | Form 8 of the Supreme Court of Judicature (Protection from Harassment) Rules.
Note: If you are applying for an interim false statement order, you will also need to prepare Form 8A of the Supreme Court of Judicature (Protection from Harassment) Rules. |
Supporting affidavit | Form 9 of the Supreme Court of Judicature (Protection from Harassment) Rules.
|
All other supporting documents that you wish to use as evidence | These must be prepared in the required format. |
Tip: If you need access to computers to download or edit the forms, visit the Business Centre at Level 2 of the State Courts during the operating hours. You can download samples of these forms from the self-help kiosks there. You may wish to bring a thumb drive with you to save your work.
The estimated fees include:
Item or service | Fees |
---|---|
Originating Summons (OS) (for matters commenced before 1 April 2022); or Originating Application (OA) (for matters commenced on or after 1 April 2022) | $100 |
File the supporting affidavit with supporting documents |
|
File the Memorandum of Service |
|
Note: This table does not additional fees payable to the LawNet & CrimsonLogic Service Bureau.
The steps depend on whether you are applying for an interim order together with the final order.
If you are not represented by a lawyer, follow these steps to file and serve your application.
Step | Result |
---|---|
1. File the application | Your application is filed in the PHC. |
2. Collect the endorsed documents | You receive a copy of the documents that have been endorsed by the PHC. |
3. Serve the application | You inform the respondent of your application. |
4. File a Memorandum of Service | The PHC receives proof that you have served the application on the respondent. |
File your prepared documents through eLitigation. Visit the LawNet & CrimsonLogic Service Bureau to file in person.
The Service Bureau will notify you via email or SMS of the outcome of your application.
If the court accepts your application, you will be asked to return to the Service Bureau to collect an endorsed version of the documents. This will include the date, time and venue of a pre-trial conference (PTC) (for matters commenced before 1 April 2022) or case conference (CC) (for matters commenced on or after 1 April 2022) that you and the other party must attend.
When: within 14 days after the date of filing the application
You will need to serve a copy of the endorsed documents on the respondent. This informs the respondent of the application and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the respondent's proper address:
Note:
When: within 8 days from the date you serve the documents on the respondent
Within 8 days from the date you serve the documents on the respondent, you must file a Memorandum of Service (Form 21, Supreme Court of Judicature (Protection from Harassment) Rules) through eLitigation. This serves as proof that you have served the application on the respondent.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
Both you and the respondent will need to attend a PTC (for matters commenced before 1 April 2022) or CC (for matters commenced on or after 1 April 2022). Generally, this will be around 4 weeks after the date you filed your application. Find out what you need to prepare before attending the PTC (for matters commenced before 1 April 2022) or the CC (for matters commenced on or after 1 April 2022).
If you wish to apply for an interim order, you will need to file your prepared documents - the OS (for matters commenced before 1 April 2022) or the OA (for matters commenced on or after 1 April 2022), supporting affidavit and supporting documents - through eLitigation. You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person.
The Service Bureau will notify you via email or SMS of the outcome of your application. If the court accepts your application, you will be asked to return to the Service Bureau to collect an endorsed version of the documents. This will include the date and time of a hearing that you must attend.
You will then need to follow these steps:
At the hearing, a judge will decide whether to grant the interim or expedited order. Generally, this hearing will be within 2 working days from the date you filed your application.
Note: The outcome of your application for an interim or expedited order does not affect your application for a final order. The court will hear these applications during separate sessions.
The judge will give you specific directions on how to serve the relevant documents on the respondent. This informs the respondent of your application and the court proceeding that they must attend.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
Both you and the respondent will need to attend a PTC (for matters commenced before 1 April 2022) or CC (for matters commenced on or after 1 April 2022). Generally, this will be scheduled around 4 weeks after the date you filed your claim. Find out what you need to prepare before attending the PTC (for matters commenced before 1 April 2022) or the CC (for matters commenced on or after 1 April 2022).
If you are applying for a protection order, you need to prepare the following documents:
Originating application | Form 187 of the Family Justice Practice Directions 2024 (DOCX, 22 KB) |
Supporting affidavit | Form 188 of the Family Justice Practice Directions 2024(DOCX, 32 KB) |
All other supporting documents that you wish to use as evidence | Please ensure that you have all relevant supporting documents, and that your documents are they are prepared in the proper format. Click here for a guide. |
If you are applying for a false statement order, you need to prepare the following documents.
Originating application (OA) | Form 194 of the Family Justice Practice Directions 2024(DOCX, 22 KB) |
Supporting affidavit | Form 196 of the Family Justice Practice Directions 2024 (DOCX, 26 KB) |
All other supporting documents that you wish to use as evidence | Please ensure that you have all relevant supporting documents, and that your documents are prepared in the proper format. Click here for a guide. |
File your prepared documents through eLitigation. Visit the LawNet & CrimsonLogic Service Bureau to file in person.
Serving your application and documents
When: within 14 days after the date of filing the application
You will need to serve a copy of the endorsed documents on the respondent. This informs the respondent of the application and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the respondent's proper address:
Note: If you wish to serve in other ways, you must file an application to the court. If you do not know the respondent's proper address, the court may direct you to serve in other ways, according to Rule 24 of the Family Justice (Protection from Harassment) Rules 2024. Examples include sending an electronic communication of the document to the respondent's email address or social media account, where applicable.
When: within 8 days from the date you serve the documents on the respondent
Within 8 days from the date you serve the documents on the respondent, you must file an Affidavit of Service (Form 78A (DOCX, 56 KB) or Form 78B (DOCX, 66 KB) Family Justice Practice Directions 2024) through eLitigation. This serves as proof that you have served the application on the respondent.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
Both you and the respondent will need to attend a case conference. Generally, this will be around 3 to 4 weeks after the date you filed your application.
If you are applying for a final order and an interim order:
If you wish to apply for an interim order, you will need to file your prepared documents - the Originating application, supporting affidavit and supporting documents - through eLitigation. You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person.
Note: Ensure that you have indicated your Originating application and supporting affidavit whether you wish to apply for an interim or expedited order. You can only apply for an interim order that corresponds with a final order in your application.
You will then need to follow up with the following steps:
At the hearing, a judge will decide whether to grant the interim or expedited order. Generally, this hearing will be within 2 working days from the date you filed your application.
Note: The outcome of your application for an interim or expedited order does not affect your application for a final order. The court will hear these applications during separate sessions.
The judge will give you specific directions on how to serve the relevant documents on the respondent. This informs the respondent of your application and the court proceeding that they must attend.
The respondent (or anyone else who has been served with your application) may file a reply within 14 days after the date of service of your documents.
Both you and the respondent will need to attend a case conference. Generally, this will be around 3 to 4 weeks after the date you filed your application.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFor matters commenced before 1 April 2022, the proper address of a person is defined in Order 62, Rule 6(2) of the Rules of Court as:
If the party is represented by a lawyer | The business address of the solicitor who is acting for the party in the proceedings in connection with which service of the document in question is to be effected. |
In the case of an individual | The individual's usual or last known address. |
In the case of individuals who are suing or being sued in the name of a firm | The principal or last known place of business of the firm within the jurisdiction. |
In the case of a body corporate | The registered or principal office of the body. |
For matters commenced on or after 1 April 2022, the proper address of a person is defined in Rule 2(1) of the Supreme Court of Judicature (Protection from Harassment) Rules as:
In the case of a natural person | The person’s usual or last known address or the business address of the person’s solicitor. |
In the case of an entity | Its registered or principal office or, if none exists, its last known place of business or its solicitor’s address. |
You may seek legal advice if you are unsure if this applies to your case.
Check if your case is eligible