My ex has applied for a protection order and the police also charged me with breaching a previous condition. I am confused about how the two processes work together. Does the protection order count as a criminal matter, and what happens if I breach it?
A protection order under the Family Violence Act 2018 is a civil order made by the Family Court, whereas a charge is a criminal proceeding in the District Court, and the two run separately. A protection order automatically includes conditions, including not to abuse the protected person and not to contact them without their consent, and breaching the order is a criminal offence. You can respond to the application in the Family Court, and you should take legal advice on whether to consent without admissions or defend. Findings in one case can have an impact on the other, so a lawyer should coordinate the strategy. Do not contact the applicant directly while either process is on foot.
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