Need assistance with a Peace and Good Behaviour Order application?
What is a Peace and Good Behaviour Order?
A Peace and Good Behaviour Order may be made by a court where a person (who is not a respondent under the DV Act) has;
Injured or threatened to injure an applicant; OR
Damaged or threatened to damage the applicants property.
An application must be made to the court in an approved form. If the Justice of the Peace issues a summons then it is the responsibility of the Applicant to have it served on the other party.
What Happens at the Hearing?
When the matter is first heard in court, a Respondent essentially has two options available to them. Firstly, they can consent to the making of an order (with or without making any admissions about the contents of the application). Secondly, they can contest the making of an order and seek a hearing date.
On the day of the hearing, the Applicant will need to adduce the evidence they rely on for the application. They will usually be required to give evidence, as will any witness which they intend to call. It is usually the case that the Respondent (and any of their witnesses) will also have to give evidence. After considering all of the available evidence, the Magistrate will determine whether or not an order should be made.
How Can a Lawyer Help?
Brooke Winter Solicitors can assist you with a Peace and Good Behaviour Order application, whether you are an Applicant or a Respondent. We can provide you with information and advice about your situation, and represent you. Contact us to arrange a free initial phone consultation.