If someone threatens harm to you, your property, or someone in your care, and you fear for your safety, you can apply for a Peace and Good Behaviour Order under the Peace and Good Behaviour Act 1982.
This court order requires them to ‘keep the peace’ and ‘be of good behaviour’ towards you.
The court must be satisfied they’ve committed or threatened to commit willful injury or damage against you or your property (or had someone else do it).
The order can last for a set time or as decided by the court.
Reasons to apply for an order
You can apply for an order to protect your safety and quality of life if the ‘defendant'—the person threatening you—has:
- threatened to assault or do bodily injury to you, someone in your care, or had someone else make such threats, causing you to fear them
- threatened to destroy or damage your property, or had someone else make such threats, causing you to fear them
- acted in a way that makes you fear they’ll destroy or damage your property.
If it’s domestic violence
If the issue involves domestic or family violence, you may need to apply for a domestic violence order instead.
You cannot apply for a peace and good behaviour order if the defendant is already subject to a domestic violence order with you.
Before you apply for an order
Before starting proceedings, consider getting legal advice to discuss:
- how strong your case is, as you’ll need to prove in court that your complaint is true
- costs, as the court may order you to pay costs if your case is unsuccessful.
Other options
You should also think about other options, depending on your situation:
- if a crime has been committed, call the police
- if your situation doesn’t meet the requirements of a peace and good behaviour order but involves unacceptable behaviour, contact the police or seek legal advice
- if mediation is an option (settling the dispute without legal action), contact a Dispute Resolution Centre. Mediation is recommended for most complaints but may not be suitable if there are threats of violence.
How to apply for an order
Follow these steps to apply for a peace and good behaviour order through the Magistrates Court:
1. Fill out the forms
Complete:
2. Sign and swear the forms
Take the original forms and two copies of each to a Justice of the Peace (JP).
The JP will witness your signature and have you affirm the information is true.
3. JP reviews your documents
The JP will assess whether you have reasonable grounds to fear the person you’re complaining about and whether there’s a case for court.
If the JP agrees, they’ll issue either:
- a summons, requiring the defendant to appear in the Magistrates Court at a set time and date, or
- a warrant, allowing the defendant to be apprehended and brought to court.
In some cases, the JP may refer the case to mediation instead of court.
4. File the documents
- If a summons is issued, file the original complaint and summons with the Magistrates Court registry closest to where the defendant lives or where the incident happened.
- Pay the filing fee.
- Arrange for the complaint and summons to be served on the defendant. The police may assist with this, or you can hire a bailiff or private process server (for a fee).
What to expect at your first court appearance
To get a peace and good behaviour order, you’ll need to attend court.
The first court date is called the mention date. This is when the magistrate considers the initial steps in your case.
| Situation | Action |
|---|
The defendant agrees to the order | The magistrate may make the order |
The defendant doesn’t appear, and it’s confirmed they were served the complaint and summons | The magistrate may make the order if your complaint meets the legal requirements |
The magistrate decides mediation is appropriate | The matter may be referred to mediation before proceeding further |
The defendant contests the complaint | The magistrate will adjourn (postpone) the matter and set a second court date |
Support in court
You can bring a lawyer, friend, or relative to support you at court.
If you need an interpreter or other assistance, let the court know in advance. You’ll need to arrange and pay for your own interpreter.
If a second court appearance is required
If the matter is adjourned at the first court appearance, a second court date (a hearing date) will be set. At the hearing:
- you and the defendant will present your version of events and provide evidence (e.g. witnesses or sworn written statements)
- the magistrate will make a decision based on the evidence provided.
Be prepared to answer questions and explain why you’re applying for the order. You’ll be under oath, so all statements must be true and honest.
Possible outcomes
After the hearing, the magistrate may:
- make an order against the defendant—you and the defendant will receive a copy of the order
- dismiss your complaint—the magistrate may order you to pay costs, especially if your application is found to be vexatious or malicious.
If the defendant doesn’t appear in court
If it’s confirmed the defendant received the summons but they don’t attend court, the magistrate may:
- issue a warrant to apprehend the defendant and bring them to court
- proceed with the hearing and make a decision without the defendant
- adjourn the hearing to another date.
If the defendant breaches the order
If the defendant breaches the order, you can file a complaint or contact the police, who may take action on your behalf.
A breach is contravening or failing to comply with the order.
The defendant may face a fine of up to $12,190 or up to one year in prison for breaching the order.
