This section provides a brief summary of the procedures involved in filing an application for a personal protection order in the Family Court.
The information provided is general in nature, and is not intended as legal advice. The staff of the Family Registry cannot provide you legal advice, or assist with the drafting the contents of any document.
How your case may progress through the Family Court:
APPLY for a personal protection order by filing and swearing/affirming a Magistrate’s Complaint
You will appear before a Magistrate or District Judge. If your application is in order, the Magistrate or District Judge will direct that a summons to the respondent be issued. Depending on the facts of your case, the Magistrate or District Judge may also direct that an expedited order be issued for your protection.
The Court's process server will serve the summons personally on the respondent at the address you have provided in your Magistrate’s Complaint.
First day at Court:
During your next Court appearance, your case will be mentioned in Family Court 1 before a District Judge. The District Judge may order parties to proceed for counselling. If there is an agreement between the parties, the District Judge may make the necessary orders. If there is no agreement between the parties, the District Judge will order both parties to disclose medical and police reports, and any other documents, and fix trial dates if the case is ready for hearing.
Personal protection order trials are heard before a Magistrate or a District Judge in open court. The open court trial may take a few hours, one day or longer depending on the complexity of the case. The Magistrate or District Judge will make the necessary orders after the hearing is over.
1. Starting proceedings
You must come personally to the Family Court to complete the standard Magistrate’s Complaint form. You may do this at the Protection Order Services Unit, on Level 1, Family and Juvenile Court Building. A Family Support Officer will be stationed there to help you with your application.
If you have any police or medical reports relating to your case, you should bring these with you. However, you do not need to have copies of such reports to file an application for a personal protection order.
As you are the person filing the Magistrate’s Complaint, you are known as the Complainant. The person against whom the Magistrate’s Complaint is made is the Respondent.
When you have completed and submitted your Magistrate’s Complaint, you will be taken before a Magistrate or District Judge to have it sworn or affirmed. To swear or affirm the Magistrate’s Complaint means that you confirm that the contents of what you have written in the form are true and correct.
It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed Magistrate’s Complaint.
