Violence restraining orders are required to prevent contact or interaction between the applicant and the offender.
Speak to VRO Lawyers at Thomson Family Law
Commonly known as a VRO, it is recommended you first seek legal advice and representation from a VRO lawyer. Thomson Family Lawyers can act for applicants and respondents violence restraining order matters.
Our aim is to provide you with clear legal advice and guidance in what can be an emotionally difficult and stressful time.
Violence restraining orders are taken very seriously. They are designed to prevent abuse, domestic and family violence that can result in harm, and in some very serious cases, death.
What is a Violence Restraining Order?
A violence restraining order (also known as a VRO) 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
- Being on or near the premises of the protected person
- Being on or near a specified location
- Attempting to contact the protected person
- 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 are your Legal Obligations if you are 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.
At Thomson Family Lawyers, we aim to provide you with clear advice and guidance on obtaining, or disputing, a violence restraining order. So, how are violence restraining orders in Perth made?
Applying for a VRO
If you’re considering applying for a violence restraining order, we’re able to provide advice on the best course of action. However, if you are in an urgent situation, please contact the Police and police officers will be able to assist with any immediate concerns.
Beyond that, we can assist you with preparation of documents required for the application, prepare you and your case for the interim order court hearing and any court appearances that may follow (final order court hearing).
Responding to a VRO
If a violence restraining order has been obtained against you, we can help you to determine whether it is worth disputing. If it is, we will work to have the order dismissed by helping collect any evidence. In addition, we will also help prepare you to appear in court and object the order.
Our Goal is to Help
We appreciate that matters involving the need for a violence restraining order can be very sensitive, as well as upsetting and stressful. Our goal is to work closely with our clients to ensure that they feel safe and secure throughout the process.
In order to avoid litigation we can assist clients in negotiating agreements. However, where negotiated agreements are not possible – or not appropriate – we provide court representation at any stage of the violence restraining order process.
Perth-based Thomson Family Lawyers are available to help with your VRO related matter today.