Third-party applications for protection orders: Opportunities, ambiguities and traps

Abstract

The Family Law Act 1996 allows for the possibility of third parties applying for protection orders¹ in situations of domestic violence. This paper employs a feminist perspective to explore the potential benefits and hazards of this practice, particularly when the police are the third-party applicants. The Australian experience of similar legislative provisions is drawn upon to highlight issues which might arise in England and Wales. Consultation with domestic violence workers in a wide range of agencies as well as documentary evidence from reports and research provided general endorsement of the practice. However, there remain contentious issues which suggest that caution is required before transporting legislation and practices from one jurisdiction to another.

Key Words:

• domestic violence
• civil remedies
• police
• abusive relationships
• restraining orders