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Restraining Order Lawyers in Perth WA

If you have been served with a restraining order or you would like some advice about applying for a restraining order, we can help.

The Restraining Orders we can assist you with include:

  1. Violence Restraining Orders;
  2. Family Violence Restraining Orders;
  3. Misconduct Restraining Orders; and
  4. Police Orders.

Violence restraining orders (VRO)

In order to be granted a VRO, the applicant must satisfy the court that:

  1. the respondent has committed personal violence against them and the respondent is likely again to commit personal violence against them; or
  2. they have reasonable grounds to apprehend that the respondent will commit personal violence against them; and
  3. that making a VRO is appropriate in the circumstances.

Personal violence means:

  1. assaulting or causing personal injury to the person;
  2. kidnapping, or depriving the liberty of, the person;
  3. stalking the person; and
  4. threatening to commit the above acts.

Family violence restraining orders (FVRO)

Family violence restraining orders apply where there is a family or domestic relationship between the parties. To be granted an FVRO, the applicant must show that:

  1. the respondent has committed family violence against them and the respondent is likely again to commit family violence against them; or
  2. they have reasonable grounds to apprehend that the respondent will commit family violence against them.

If the court is satisfied with either of the above, the court must make the order unless there are special circumstances that would make the order inappropriate.

Family violence means:

  1. violence, or a threat of violence, by a person towards a family member of the person; or
  2. any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.

Examples of family violence include:

  1. assault, sexual assault or sexually abusive behaviour;
  2. stalking or cyber-stalking;
  3. repeated derogatory remarks;
  4. damaging or destroying property;
  5. causing death or injury to an animal that is the property of the applicant;
  6. unreasonably denying the applicant financial autonomy;
  7. unreasonably withholding financial support needed to meet the reasonable living expenses of the applicant, at a time when the applicant is entirely or predominantly dependent on the respondent for financial support;
  8. preventing the applicant from making or keeping connections with their family, friends or culture;
  9. kidnapping or deprivation of liberty;
  10. distributing or publishing, or threatening to distribute or publish, intimate personal images of the applicant; and
  11. causing any family member who is a child to be exposed to behaviour referred to in this section.

Misconduct restraining orders (MRO)

Misconduct restraining orders can be granted in circumstances where the respondent is likely to:

  1. behave in a manner that could reasonably be expected to be intimidating or offensive to the applicant and that would, in fact, intimidate or offend the person applicant; or
  2. cause damage to property owned by, or in the possession of, the applicant; or
  3. behave in a manner that is, or is likely to lead to, a breach of the peace.

Procedure for restraining order applications

The procedure for restraining order applications is as follows:

  1. the applicant files an application with a supporting affidavit outlining any alleged incidents;
  2. in the case of VROs or FVROs, the applicant has a hearing (without the respondent) and explains to a Magistrate or two Justices of the Peace why they require a restraining order and may be granted an interim restraining order. An interim restraining order comes into force from the moment the respondent is served with the order;
  3. if an interim order is granted, the respondent has 21 days to file an objection, otherwise the order is made final;
  4. if an interim order is not granted or, in the case of MROs, both parties are summonsed to attend court for a Directions Hearing to discuss how the matter proceeds;
  5. unless the matter is resolved in another way, a Final Order Hearing (trial) is listed.

Alternative Resolutions

There are alternatives to a Final Order Hearing, such as an undertaking, or a Conduct Agreement. Please contact us with your personal situation so we can advise you on the options for your particular matter, and how these options work.

Consequences for breaching restraining orders

Breaching a restraining order is a criminal offence and can carry serious penalties. Repeated breaches of a restraining order can carry immediate imprisonment, in which case the onus is on the offender to satisfy the Magistrate that immediate imprisonment would be unjust in the circumstances.

How we can help

If you would like some advice about applying for a restraining order, or you have been served with a restraining order and you would like some advice about your options, call us on (08) 9500 8915 to book an initial consultation. Our expert criminal lawyers and family lawyers can also advise you on options for resolving a restraining order without necessarily taking the matter to a Final Order Hearing.

As there are deadlines for filing documents in relation to responding to restraining orders, please contact us immediately if you have been served with a restraining order.

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