A Violence Restraining Order is an Order made by the Court restraining a person from contacting or approaching a person or property and prevents them from committing an act of abuse, breaching the peace, causing fear or intimidation and damaging property.
Violence Restraining Order applications may be made at any of the Magistrates Courts. An interim application will be heard in the absence of the other party by a single Magistrate or Justice of the Peace. At the initial hearing of the application, an interim Violence Restraining Order may be made against the other party (known as the “person bound”), to be determined on a final basis at a later date.
The Magistrates Court can grant a Violence Restraining Order if it is satisfied that there has been an act of abuse (whether physical, psychological or emotional abuse), or the threat of an act of abuse, and that the person protected by the Violence Restraining Order reasonably believes that an act of abuse is likely to occur.
If the interim application is granted, the Police will serve on the person bound an interim Violence Restraining Order and/or a Summons to attend Court on a specified date for a hearing. The person bound then has 21 days to lodge a written objection with the Magistrates Court if they oppose the interim Violence Restraining Order becoming final for a term of 2 years.
Once service of an interim Violence Restraining Order is effected, the Order becomes binding and any breach of the Order is a criminal offence and should be reported to the Police.
Breaching a Violence Restraining Order is considered a serious offence pursuant to the Criminal Investigation Act 2006 (WA), which allows the Police to exercise the power of arrest without an arrest warrant. Upon a third breach of a Violence Restraining Order occurring within 2 years of the prior 2 breaches, the sentencing Magistrate is obliged to consider a term of imprisonment to be served by the restrained party.
We can represent you to make or defend a Violence Restraining Order. Our representation includes attending mention hearings, final order hearing, and corresponding and negotiating with the other party.