Protection orders easier to get

Principal Family Court Judge Peter Boshier says research shows it is easier now to get a protection order without notice than ever before.

Between July 1998 and June 1999, 4322 permanent orders were granted, compared with 2595 in the year to June 2010. Temporary orders went from 5247 to 3171 in the same period.

Judge Boshier said the High Court had made it clear that more applications needed to proceed on notice, where the accused has a chance to respond in Court.

“The result was that the Family Court indicated orders should only be made without notice on the basis of appropriate evidence. Applicants have responded to that requirement.

“As that has improved, more and more orders have been made without notice by judges immediately – 86 percent in 2007 compared with 81 percent in 2000,” Judge Boshier said.

This article was published in LawTalk 756, 16 August 2010, page 12.