What can the judge decide?

If the judge grants the order, it will list the exact conditions the person named in it must follow. A judge can make orders that ban your partner from:

• communicating with you directly or indirectly;
• distributing information about you or images of you;
• going to places where you or other family member(s) go, including a school, a business, or a home — even if your partner owns the home;
• following you or other family member(s); and
• having a weapon.

The judge could allow some communication, but with set guidelines. The judge can also:

• tell a police officer to go with you to your home so you can remove your personal belongings;
• take away weapons; and
• require your partner to report to court.

However, if your partner can show there’s no risk of violence, the judge can refuse to make a protection order. If your application is refused, speak to your lawyer or duty counsel about reapplying for the family law protection order or about getting a conduct order. 

A conduct order tells your partner what they can and can’t do in relation to you, your children, or anyone else affected by them. Unlike a protection order, there are no criminal consequences for not obeying a conduct order, so the judge may be more willing to order a conduct order than a protection order. If your partner breaches a conduct order, you have to go to court to enforce it. A judge may fine your partner, make a tougher conduct order, or issue a protection order.