What is a protection order referral?
A protection order referral is a limited referral that provides up to seven hours general preparation and actual court attendance to apply for and obtain a protection order on behalf of eligible at-risk family members. Protection order referrals have a service stop date of six months. No other tariff items are available for this referral, except for travel, if applicable. The referral cannot be used to address any ancillary issues on behalf of the client, even if hours remain.
Is an extended family services referral available for a protection order referral?
No. The referral is limited to applying for and obtaining the protection order. If, for some reason, you believe your client may qualify for a different type of family referral, please advise your client to make another application for a family referral and help him or her provide the relevant information to assess their referral eligibility.
Who is eligible to receive a protection order referral?
Anyone who is financially eligible for legal aid and is a family member, as defined by the FLA, and who has a genuine fear for their safety from another family member with whom they reside, can apply for and may receive a protection order referral.
Who is a “family member” under the FLA?
LSS uses the definition of at-risk family member in the FLA to determine who is eligible for a protection order referral. Only adults are eligible to apply for these referrals.
According to the act, a family member with respect to a person means:
(a) the person’s spouse or former spouse,
(b) a person with whom the person is living, or has lived, in a marriage-like relationship,
(c) a parent or guardian of the person’s child, or
(d) a person who lives with, and is related to,
(i) the person, or
(ii) a person referred to in any of (a) to (c), or
(e) the person’s child,
and includes a child who is living with, or whose parent or guardian is, a person referred to in any of (a) to (e).
How is “residence” defined?
LSS will use the FLA definition of residence to determine eligibility for protection order referrals. According to the act, a residence is a place where an at-risk family member normally or temporarily resides, including a place that was vacated because of family violence.
What if my client has other important issues to resolve, such as property division or making contact and/or access arrangements with the children in the household?
A protection order referral is only for the purposes of applying and obtaining a protection order on behalf of the client. If you believe your client is eligible for other relief under the FLA, please advise him or her to make a new application for legal aid.