Peace + Good Behaviour Orders

If you have a problem or dispute with someone who is not considered a respondent under the Domestic and Family Violence Protection Act, you may apply for a Peace and Good Behaviour Order under the Peace and Good Behaviour Act 1982.

The Peace and Good Behaviour Act 1982 sets out the requirements which must be satisfied to make a complaint and upon which the court may make an order.  You can apply for an order to protect your rights to peace and quiet, undisturbed by threats to your wellbeing or your quality of life, if a person has done any of the following:

• the defendant has threatened to assault or do bodily injury to you or someone under your care;
• the defendant has threatened to destroy or damage your property; or
• the defendant has threated to procure any other person to destroy or damage your property;
• the defendant has displayed intentional conduct that has caused you to fear that the person will destroy or damage your property.

You can apply to the Magistrates Court for a Peace and Good Behaviour Order that requires the named individual to ‘keep the peace’ and ‘be of good behaviour’ towards you. The order can remain in force for a specified time period or as the court sees fit.

To provide the order, the court must be satisfied that the respondent has committed or threatened to commit an act of wilful injury or wilful damage against you and/or your property, or has had another person commit the offence.

Contact our Criminal Law Team to help you through this process.