The Restraining Orders Act 1997 allows the Magistrates Court to issue Restraining Orders to protect a person from the conduct of another person. Restraining Orders restrict the otherwise lawful activities of those bound by them. By way of example, a Restraining Order may restrict a person from approaching the protected person, their residence or their workplace. A Restraining Order may also restrict a person from communicating with the protected person by telephone, email, or text message.
The types of Restraining Orders that can be made include:
- A Family Violence Restraining Order;
- A Violence Restraining Order; and
- A Misconduct Restraining Order.
The Police can also issue on the spot police Orders in circumstances of family or domestic violence. A police Order may be made for up for 72 hours.
A Family Violence Restraining Order is usually made in circumstances of “family violence” (as defined by the Restraining Orders Act 1997). A Misconduct Restraining Order can be made by the Court in circumstances where a Family Violence Restraining Order or a Violence Restraining Order may not be applicable, however the Court considers that the person should be restrained as they may be likely to act in an intimidating and offensive manner or cause property damage.
Our office can assist you in the preparation of a Restraining Order should you feel that you, or someone you know, may need to be protected from another person. Our office can provide you with legal advice in respect of the terms of any proposed Restraining Order and assist you with negotiating an agreement that may not require litigation.
If a Restraining Order has been made, restraining you from approaching or communicating with another person, or from seeing your children, then it is important to obtain legal advice in respect of your rights and the consequences of any breach of the Restraining Order. A Restraining Order is a civil matter. However, a breach of a Restraining Order is a criminal offence and may be punishable by a fine or imprisonment or both.
At Balmoral Legal, our experienced legal team can provide you with comprehensive legal advice in respect of the Restraining Order and any terms of same. Our office can also assist you should you wish to lodge an objection to the Restraining Order.
If you wish to seek to be protected or respond to an application for a Restraining Order by another person we can assist you. Please contact our office on (08) 9355 0776 to discuss your rights with one of our experienced solicitors.