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Children and Domestic Violence Orders.
Some clients who have applied for a protection order against their partner/ex-partner ask us whether their children will also be protected if this order is enforced. Please read this post to understand how children or other residents in the home are not automatically protected by the protection order you have applied for and what you need to do to ensure they are protected if necessary.
Will my children be included in the protection order I am applying for?
When you make an application for a Protection Order, your children or other people in your household are not automatically named as also needing protection.
How do I make sure they are included in the Order?
You need to specifically name then as requiring protection on the Application. You can also list children who don’t live at your home but spent / spend time there regularly. The Court will then consider whether to list the children (or other named persons) on the Order.
Who can apply for a Protection Order?
An Order can be applied for either by the Police or by the Aggrieved on a private basis.
How can I ensure my children are protected if the application was made by the Police?
If the Police are called out to an incident and believe the children witnessed, including heard the domestic violence incident, the police may decide to include the children on the application on your behalf as a named person. It should be noted though, even if you or the police apply to have the children named on the protection order, the magistrate needs to decide the children need protecting because there has been an incident of domestic violence and it is desirable and necessary in order to name them on the order.
Can my child be a party to a protection order against the other parent?
A child of a parent cannot be a party to a domestic violence order with the child’s parents as the other party. If a parent or a child is in need protection from each other, the parties should contact the police or Children’s services.
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If you have any further questions about your application, please contact us to schedule a consultation with our DV Solicitor.
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