What is a Restraining Order?
In the event that a person is violent or threatening towards you or your property, or if someone is harassing or intimidating you and you are concerned that their behaviour will continue or put your safety at risk, you can apply to the Court to have a restraining order taken out against that person.
A restraining order makes it an offence for the person to approach you or your property, as well as contact or attempt to contact you. It is also an offence for the person restrained to use other people to contact you. A person who breaches a restraining order is liable of an offence.
If a person who breaches a restraining order has already been previously convicted on at least two prior occasions within a 2 year time frame, they are liable to a term of imprisonment.
If you feel unsafe, intimidated or concerned for your safety due to the nature of another being, contact our Perth law firm today. Our team can provide you with advice and assistance regarding restraining orders and if necessary, lodge an application to the Court.
There are three types of restraining orders:
1. Violence Restraining Order
A Violence Restraining Order may be issued when an act of abuse has been committed or a person reasonably believes that an act of abuse may be committed. A person who breaches a Violence Restraining Order commits an offence and is liable for a fine of up to $6,000 or imprisonment for up to 2 years, or both.
2. Misconduct Restraining Order
A Misconduct Restraining Order may be issued when a person behaves in an intimidating or offensive manner which may lead to a breach of the peace or the damage of a person’s property. A person who breaches a Misconduct Restraining Order commits an offence and is liable for a fine of up to $1,000.
3. Police Order
A Police Order may be issued by a police officer when they believe that a person is at risk of another person on an urgent basis. Police Orders can be made without the need for determination by a Magistrate; however, the orders only last up to 72 hours after the order was issued.
How do I apply for a Restraining Order?
An application for a restraining order can be made by:
- A police officer on behalf of a person or a group
- The person seeking to be protected
- A parent or guardian of a child
- A guardian of a person
The person bound by the restraining order does not have to be present at the ex parte hearing.
If an interim restraining order is made, the person bound by the order has 21 days from the date of service of the order to lodge an objection, otherwise the restraining order will be automatically continued for 2 years.
If an objection is lodged, the Court will list the matter for a final order hearing to determine whether the restraining order should be cancelled or continued. The person bound by the order is required to attend the final order hearing. A final restraining order generally lasts for the period of two years.
Before proceeding to a final order hearing, the parties should consider whether the matter can be resolved by the person bound by the order giving an undertaking or promise to the Court. If an undertaking to the Court is breached, the Court finds that breach persuasive evidence that a restraining order should be made if a further application is made.
Areas of Criminal Law we specialise in:
- Assault & Violence Offences
- Property Confiscation
- Australian Criminal Intelligence Commission (ACIC) &
- Corruption and Crime Commission (CCC) Examinations
- Bail Applications
- Professional Disciplinary Proceedings
- Restraining Orders
- Drug Offences
- Spent Conviction Applications