Peace and Good Behaviour Orders

If you are feeling threatened by another person, there are a number of Orders available to assist you. 

The type of Order you seek from the Court will largely depend upon your relationship to the person who is threatening you.  It is important that you file the correct Application.

You may be able to file an Application for a Peace and Good Behaviour Order if the person threatening you is one of the following:-

  • A neighbour;

  • A housemate;

  • A work colleague;

  • Any other person.

A Peace and Good Behaviour Order is an Order which may be made by any Magistrates Court, it is civil action taken personally by a person, although the Police can make such applications on another's behalf.   The Order can require that the person threatening you stop the action threatened for a certain period of time, which is usually anywhere between twelve to twenty-four months.

The Magistrates Court will generally only make a Peace and Good Behaviour Order in circumstances where there is either a real and genuine threat of harm against the affected person's property or physical wellbeing.  It is also important that the threat of harm be contemporaneous or recent and there be a perception that it will reoccur in the future.

In situations where a person has been physically harmed by another's conduct, that conduct should be reported to their local Police station.

If you have received (been served) with an application for a Peace and Good Behaviour Order then it is important to act quickly and properly respond.  There can be serious consequences to breaching the conditions imposed on a person under a Peace and Good Behaviour Order, which can involve prosecution and imprisonment.

 

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