WHAT IS A VIOLENCE RESTRAINING ORDER?
A violence restraining order is an order from the court preventing the offender from communicating or coming into contact with the applicant and/or to stop them behaving in a certain way towards them. Violence restraining orders are designed to stop threats, violence and emotional abuse from occurring and can be obtained by anyone who is fearful for their safety or has experienced an act of violence and believes they are at risk of it happening again.
A violence restraining order in Perth will generally last for 2 years and often means that the offender has all, or a combination of the below conditions imposed on them by the court:
- • Prohibition from approaching the protected person within a specified distance
- • Prohibition from being on or near the premises of the protected person
- • Prohibition from being on or near a specified location
- • Prohibition from attempting to contact the protected person
- • Prohibition from having another person engage in the above conduct on the offender’s behalf
BREACHING A VIOLENCE RESTRAINING ORDER
Violence restraining orders should be taken seriously and are considered a more serious breach than misconduct restraining orders. A conviction of a breach of a violence restraining order in Perth is considered a criminal offense and can be punished with imprisonment of up to 2 years. Whilst being issued a restraining order is not considered a criminal offence and won’t appear on your criminal record, breaching a restraining order is and will result in a criminal record.
HOW DO I GET A VIOLENCE RESTRAINING ORDER?
To apply for a violence restraining order, the application must be made in person at a Magistrates Court in Perth or regional WA.
An interim violence restraining order is generally granted by the court in the period leading up to the final order trial date, where the evidence will be heard and the court will decide whether a final violence restraining order will be granted.
WHAT HAPPENS IF I HAVE BEEN SERVED WITH A VIOLENCE RESTRAINING ORDER?
If you have been served with a violence restraining order, we recommend seeking legal advice immediately. You have a period of 21 days to object to the order by filing notice to the court. It is your right to object to the order being made final and if you wish to do so, a final hearing date will be set where you can tell the court and provide evidence why the restraining order should not be made. If you decide not to object the order, it will be made final in your absence.
HOW CAN THOMSON FAMILY LAWYERS HELP ME WITH A VIOLENCE RESTRAINING ORDER?
Thomson Family Lawyers acts for both applicants and respondents in violence restraining order matters. Whether you’re applying for a violence restraining order or defending any application made, we are able to assist.
At Thomson Family Lawyers, we aim to provide you with clear advice and guidance on obtaining or disputing a violence restraining order, and give you an understanding on the legal principles that underlie the making of violence restraining orders in Perth.
If you’re considering applying for a violence restraining order, we’re able to provide advice on what the best course of action to take is, assist with preparation of documents required for the application, and prepare you and your case for the interim order court hearing and any court appearances that may follow (final order court hearing).
If a violence restraining order has been obtained against you, we can help you to determine whether it is worth disputing and, if so, collecting any evidence that may aid in having the order dismissed, and preparing you to appear in court and detest the order.
We appreciate that matters involving the need for a violence restraining order can be very sensitive, as well as upsetting and stressful. Hence, our goal is to work closely with our clients to ensure that they feel safe and secure throughout the process involved in obtaining or defending a violence restraining order.
We are also able to assist clients in negotiating agreements that may avoid the necessity for litigation of such matter, and where negotiated agreements are not possible – or in some cases, not appropriate – we can also aid with court representation at any stage of the violence restraining order process.
If you’re applying for a restraining order, have been issued with one or would simply like to know your options about whether you’re eligible to obtain a violence restraining order, contact our office today. We offer a free 15-minute consultation to anyone dealing with violence restraining order matters and are readily available to provide you with advice and/or representation.