Applying to Extend a Family Violence Protection Order

 A person who is protected by a Family Violence Protection Order (the Aggrieved) can apply to the Court to extend the duration of the Order.  In making an Application to extend the duration of a Family Violence Protection Order, there are several important factors that should be considered.

 Changes in Circumstances

The Court will consider any changes in circumstances between the parties since the original Order was made, such as whether the Respondent has undergone counselling or rehabilitation, or whether the Aggrieved’s personal situation has changed since the Protection Order was initially made.

 Compliance with any Existing Orders

The Court will consider whether there have been any breaches or other non-compliance with the current Protection Order and any other Orders made (such as a Family Court Orders).

Usually the Aggrieved will be asked to demonstrate that the risk of family violence is ongoing and that the risk of family violence will continue to exist following the expiration of the current Protection Order.  Detailing behaviour by the Respondent that suggests the Aggrieved continues to require the protection of the Order will assist the Court. 

 Protection of Children

In the event that children are named on the current Order, the Court will also consider their safety and wellbeing, and the impact that any ongoing risk of domestic and family violence will have on the children.

 Seeking an Extension of a Family Violence Protection Order

Once an application for an extension of a Family Violence Protection Order is made to the Court, the onus of proof is on the Respondent to show the Court that an Order is no longer necessary. This means the Respondent must prove that there is no ongoing need for the Protection Order, which is quite different to the Applicant having to prove the need for an ongoing Protection Order.

 Therefore, the Court must extend a final Order when it is asked to do so unless it is satisfied that an Order is no longer necessary to protect the Aggrieved from family violence by the Respondent.  If there is insufficient evidence for the Court to reach a conclusion as to the continued necessity of an Order, then the Court must extend the Order.

 Legal Representation

Both the Aggrieved and Respondent have a right to legal representation during domestic violence proceedings.  If you are either seeking an extension of a Protection Order, or wish to oppose an application for an extension, we recommend seeking independent legal advice on your case to ensure that your rights are protected.

 At Millwater Tyrrell Law, we have expert Family and Domestic Violence lawyers who have experience in making and opposing all kinds of applications for Family Violence Protection Orders, including applications to extend an existing Order.

If you require the best family law legal representation, contact Millwater Tyrrell Law for an obligation free initial consult, where you can meet with one of our experienced Ipswich Family Lawyers and obtain advice about your unique situation.