It is a reality that some people commit family or personal violence and only a restraining order will keep others safe from being threatened, abused, harassed or harmed. A breach of a restraining order can result in a fine or imprisonment.
Obtaining a Restraining Order
There are three kinds of restraining orders:
- A Family Violence Restraining Order (FVRO) is for protection from a family member, e.g. de facto partner or ex-de facto partner, spouse or former spouse, sibling or child.
- A Violence Restraining Order (VRO) is for protection from a non-family member, e.g. colleague, neighbour or estranged friend.
- A Misconduct Restraining Order (MRO) is for protection from a non-family member to stop that person from acting in an intimidating or offensive way, damaging your property or disturbing the peace.
Whether you need an FVRO, VRO or MRO, Doray Legal can advise how a restraining order may protect you and help with preparing your application or representing you in your application.
Defending a Restraining Order Application
In some instances, a restraining order application has no merit or a restraining order is considered too restrictive.
If an interim restraining order is served on you, you can choose to oppose the interim order so that it does not become a final order. Sometimes, a person can be summoned to Court to defend a restraining order application before the Court decides whether to grant a restraining order.
If you are unsure what any part of the interim or final restraining order means, you may need legal advice so that you don’t risk committing a breach of the restraining order.
If you feel that a restraining order is impractical because it unfairly restricts you, e.g. where you can travel, whom you can talk to or see or how you can see your children, we may be able to assist. We can negotiate with the other party to resolve an application or prepare your case and represent you in Court.
If you require advice or representation regarding a restraining order, call Doray Legal on (08) 9364 2588 or contact us for a consultation and enquire about our reduced fee for your first consultation.