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How to respond to a protection from harassment application
Respond to a protection from harassment application
If a protection from harassment application was made against you, check the document you received to see whether the case is under the simplified or standard proceedings in the Protection from Harassment Court (PHC), or a proceeding in the Family Court (FC).
If you received... | The case is under the... | Refer to... |
|---|---|---|
A Notice of Case Management Conference (CMC). | PHC - Simplified proceedings. | Simplified proceedings: how to respond |
An Originating Summons (for matters commenced before 1 April 2022)
| PHC - Standard proceedings. | Standard proceedings: how to respond |
An Originating Application | PHC – Standard proceedings (for matters commenced on or after 1 April 2022)
FC | Standard proceedings: how to respond
|
Proceedings in Protection from Harassment Court
Simplified proceedings: how to respond
If you have received a Notice of CMC for a protection from harassment case, someone has filed a claim against you to the PHC under the simplified proceedings.
You are the respondent. The person who filed the application is the claimant.
Note
You must attend the CMC on the date and time mentioned in the Notice. If you do not turn up, the PHC may make an order against you.
Upon receiving the Notice, you can log in to the Community Justice and Tribunals System (CJTS) to view the case file. You will be able to view the details of the claim, file applications and check when you have to attend court.
Tip
If you need access to computers, visit the Business Centre at Level 2 of the State Courts during the operating hours.
This means the court has granted the applicant a temporary order that you must follow. Find out about interim orders and what happens if you do not comply.
You will still need to attend the scheduled CMC.
Options you can take
You can respond to the claim in any of the following ways.
You may attempt to resolve the claim by initiating an online negotiation on CJTS. You should follow the instructions attached to the claim form served on you to settle the claim.
If both parties manage to reach a settlement, the claimant may apply to withdraw the claim. Alternatively, either party may apply for a consent order to be issued.
If the dispute is not settled by the date of the CMC, you must attend the scheduled CMC.
If you do not agree with the claim that has been filed against you, you may dispute the claim. You need to file a response within 14 days of receiving the Notice of CMC.
Note
You must still attend the scheduled CMC, otherwise, the court may make an order against you in your absence.
Key facts
Refer to the key facts on how to file and serve a response under the simplified proceedings.
When to file and serve | Within 14 days after being served with a Notice of CMC. |
Filing fees | $10. |
How to apply | Through CJTS. |
What you will need
You will need to provide the following information:
- Claim number.
- Details of your response to each of the incidents listed in CJTS.
- (If any) A soft copy of any evidence in support of your response, as PDF files.
- These must be prepared in the required format.
How to file and serve a response (simplified proceedings)
You will need to follow these steps to file and serve a response.
Step | Result |
|---|---|
| 1. File your response | Your response is filed in the PHC. |
| 2. Serve your response on the other party | You inform the other party of your response. |
1. File your response
Log in to CJTS. Under the Online Applications page, select Response and follow the instructions. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).
2. Serve your response on the other party
Print and serve a copy of your response and all your evidence submitted to the claimant within 14 days after the date you were served with the Notice of CMC.
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person'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 party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
If you also have an eligible claim against the claimant, you may file a counterclaim against the claimant in the same claim.
The requirements and fees of filing a counterclaim are the same as filing a claim. You will need to take a pre-filing assessment and serve the claim on the other party.
How to file a counterclaim (simplified proceedings)
Log in to CJTS. Under the Online Applications tab, select PHC, then select Counterclaim Form and follow the instructions.
For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB)
The steps to filing a counterclaim will then follow the same process as filing a claim.
Note
Regardless of how you choose to respond, you may try to settle the dispute online through eNegotiation or eMediation, before attending court.
Standard proceedings: how to respond
If you have received an Originating Summons (OS) (for matters commenced before 1 April 2022) or Originating Application (OA) (for matters commenced on or after 1 April 2022) for a protection from harassment case, someone has filed an application against you to the PHC under the standard proceedings.
You are the respondent. The person who filed the application is the applicant.
Note
You must attend the pre-trial conference (PTC) (for matters commenced before 1 April 2022) or case conference (CC) (for matters commenced on or after 1 April 2022) on the date and time mentioned in the OS (for matters commenced before 1 April 2022) or OA (for matters commenced on or after 1 April 2022). If you do not turn up, the PHC may make an order against you.
This means the court has granted the applicant a temporary order that you must follow. Find out about interim orders and what happens if you do not comply.
You will still need to attend the scheduled PTC (for matters commenced before 1 April 2022) or CC (for matters commenced on or after 1 April 2022).
If you wish to contest the application, you may choose to respond by filing an affidavit in reply.
Note
You must still attend the scheduled PTC (for matters commenced before 1 April 2022) or CC (for matters commenced on or after 1 April 2022), otherwise, the court may make an order against you in your absence.
Key facts
Refer to the following if you choose to file a response under the standard proceedings.
When to file | Within 14 days of the date the Originating Summons (for matters commenced before 1 April 2022) or Originating Application (for matters commenced on or after 1 April 2022) was served on you. |
Estimated fees |
Note: This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau. |
How to file | Through eLitigation. |
What to prepare
You need to file one of the following documents, depending on what the applicant is applying for:
- If the applicant is applying for a protection order: Form 3 of the Supreme Court of Judicature (Protection from Harassment) Rules.
- If the applicant is applying for a false statement order: Form 10 of the Supreme Court of Judicature (Protection from Harassment) Rules.
Note
Before you file, you need to swear or affirm the affidavit before a Commissioner for Oaths (CFO). This will cost at least $10 at the State Courts Service Hub, with additional fees for exhibits.
If you are submitting evidence to support your case, these must be prepared in the required format.
How to file and serve a response (standard proceedings)
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, follow these steps to file and serve your response.
Step | Result |
|---|---|
| 1. File your response | Your response is filed with the PHC. |
| 2. Serve your response on the other party | You inform the other party of your response. |
1. File your response
When: within 14 days after being served the Originating Application
You must file your prepared document through eLitigation within 14 days after the date the Originating Summons (for matters commenced before 1 April 2022) or Originating Application (for matters commenced on or after 1 April 2022) was served on you. Visit the LawNet & CrimsonLogic Service Bureau to file in person.
2. Serve your response on the other party
After filing, you must serve your response on the other party (the applicant).
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person'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 party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
Proceedings in Family Court
What you need to do
If you have received an Originating Application (OA) for a protection from harassment case, someone has filed an application against you.
You are the respondent. The person who filed the application is the applicant.
Note
You must attend the case conference (CC) for the OA.
If you do not turn up, the Family Court may make an order against you in your absence.
This means the court has granted the applicant a temporary order that you must follow. Find out about interim orders and what happens if you do not comply. You will still need to attend the scheduled CC.
If you wish to contest the application, you may choose to respond by filing an affidavit in reply.
Note
You must still attend the scheduled CC, otherwise, the court may make an order against you in your absence.
Key Facts
Refer to the following in terms of what you will need to file, when you need to file, how you can file your documents and the estimated fees.
| What to file | Depending on the application made against you, you will have to file different documents: If an application has been made against you for a Protection Order / Expedited Order / Mandatory Treatment Order If an application has been made against you for a False Statement Order / Interim False Statement Order If an application has been made against you for the variation or revocation of a Mandatory Treatment Order If you are submitting evidence to support your case, these must be prepared in the required format . |
| When to file | Within 14 days of the date the Originating Application was served on you. |
| Estimated fees | Filing of affidavit: $1 per page, subject to a minimum fee of $10 per affidavit. This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau. |
| How to file | Through eLitigation. |
How to serve your response
After filing, you must serve your response on the other party (the applicant).
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person'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 party’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 party’s email address or social media account, where applicable.
Need help?
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 moreResources
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.
Go to Step-by-step guide
Step-by-step guide
2024/10/30
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