If someone is violent towards you, threatens you or your property, harasses or intimidates you and leads to the concern that it will continue and put you at risk, you may be able to apply for a restraining order to be taken out against them.
A restraining order makes it against the law for that person to come near you or your property. A restraining order may also make it illegal for the person to use other people to contact you or to try other means of contact, for example, SMS messages, mail, emails. These can be breaches of the restraining order and the person can be charged by the police with a criminal offence.
A restraining order is designed to prevent acts of physical violence and stop threats in the future. It is an order of the court requiring a person to behave in certain ways and the terms of each restraining order are fitted to each case.
In Australia, there are two types of restraining orders:
- violence restraining orders
- misconduct order.
A violence restraining order (VRO) is designed to stop threats, property damage, violence, intimidating behaviour and emotional abuse in the future. It is an order of the court. It tells the offender to stay away from you and/or to stop behaving in certain ways towards you.
A misconduct restraining order (MRO) is designed to stop a person behaving in a way that is intimidating or offensive towards you. It is an order of the court. It can also stop a person causing damage to your property or acting in a way that may lead to a breach of the peace.
A misconduct restraining order applies to someone you are not in a family or domestic relationship with. A violence restraining order may apply to anyone over the age of ten.
Bodekers Family Lawyers & Mediators can advise you as to whether you are entitled to a restraining order. We are also able to assist you in preparing an application or response and can represent you in the Family or Magistrates Court.
Please note this is not family law or legal advice. It is important to seek specific family law and legal advice. We are very experienced Perth family lawyers and can provide you with the very best legal advice regarding your restraining order matter.
We invite you to provide everything you would like to tell our lawyers during your first appointment, as well as any questions you have. Some of the information that may be useful could include:
- Your name and the relevant people involved in the altercations;
- A brief history of the relationship;
- The date of the violent or intimidating incident/s;
- A brief description of each incident/s that was seen or heard;
- Any documents evidencing the incident/s;
- Highlight the most serious and recent incident/s;
- Provide the names of the people who need protection and why;
- Provide names of any witnesses to the incident if possible;
- Provide any other court documents that are relevant including any family court orders;
- Any other information you deem relevant.