Restraining orders often arise during emotionally charged periods, particularly around separation or divorce. In Australia, it is not uncommon for one party to seek a restraining order during or after the breakdown of a relationship, sometimes alongside parenting or property disputes. If you have been served with one, you may be asking yourself: can you fight a restraining order, and what does that process actually involve?
While restraining orders can play an important role in protecting people from harm, they can also have serious and long-lasting consequences for the person against whom they are made. Understanding your rights, obligations and options is essential.
Can You Fight A Restraining Order?
In short, yes — in some circumstances, you can fight a restraining order in Australia. However, whether you should fight a restraining order, and how successful you may be, depends on a range of factors including the type of order, the allegations made, and the evidence available.
Restraining orders (such as Violence Restraining Orders (VROs), Family Violence Restraining Orders (FVROs), or similar depending on the state or territory) are civil orders designed to protect a person from violence, threats, intimidation or harassment. During separation or divorce, these orders may be sought following arguments, heightened conflict, or concerns about personal safety.
Some people consider fighting a restraining order because they believe the allegations are exaggerated, misleading, or untrue. Others may be concerned about the impact the order could have on their employment, reputation, parenting arrangements, or ability to communicate about children. In family law matters, restraining orders can also intersect with Family Court proceedings, which makes the situation more complex.
It is important to understand that courts treat restraining order applications seriously. Fighting a restraining order does not mean minimising safety concerns or dismissing the court process. Instead, it involves responding appropriately, understanding the legal threshold for an order being made, and ensuring your side of the story is properly presented.
Because every case is different, there is no one-size-fits-all answer to whether you can fight a restraining order successfully. This is why obtaining early legal advice from an experienced family lawyer can be critical.
Can I Fight A Restraining Order?
Many people ask, can I fight a restraining order if I disagree with it? The answer is that you may have the right to oppose the order, but that right must be exercised correctly and within strict legal parameters.
If you are served with an interim restraining order, it can often be made without you being present in court. This does not mean the allegations have been proven. An interim order is typically made as a temporary measure until the matter can be heard fully. At that later hearing, you may have the opportunity to contest the order.
People choose to fight a restraining order for a variety of reasons. For example, they may believe the order was applied for tactically during a separation, rather than due to genuine safety concerns. Others may feel that the conditions imposed are unnecessarily restrictive or not supported by evidence. In parenting matters, a restraining order can also affect how parents communicate or spend time with their children.
That said, fighting a restraining order is not always the best course of action. In some cases, consenting to the order without admissions, or negotiating its terms, may be a more practical and cost-effective approach. The decision to fight a restraining order should be made after carefully weighing the legal risks, potential outcomes, and personal circumstances involved.
Because the consequences of getting this wrong can be serious — including criminal penalties for breaches — it is strongly recommended that you seek advice before deciding how to respond.
What Are My Options If I Am Served With A Restraining Order?
Being served with a restraining order can be overwhelming, particularly if it happens unexpectedly. Understanding your available options is an important first step.
Generally, your options may include opposing the order, consenting to the order (with or without admissions), or negotiating changes to the conditions. Each option has different legal and practical implications.
Opposing the order means the matter will usually proceed to a hearing, where evidence may be presented and witnesses may be cross-examined. This process can be stressful and time-consuming, but it may be appropriate if the allegations are disputed and the order would significantly impact your life.
Consenting to an order without admissions means you agree to the order being made, but you do not accept the allegations. This can sometimes be a pragmatic way to resolve the matter quickly, particularly where there is little ongoing interaction between the parties. However, these can still have consequences, so they should not be agreed to lightly.
In some cases, it may be possible to negotiate the terms of the restraining order, such as narrowing the conditions or clarifying communication arrangements about children. Legal representation can be invaluable in ensuring any agreed terms are workable and legally sound.
Because restraining orders can interact with family law proceedings, property settlements and parenting disputes, it is important to consider the bigger picture before choosing how to respond.
Do I Have A Time Limit To Respond To A Restraining Order?
Yes, there are strict time limits that apply if you wish to fight a restraining order. If you have been served with an interim order, the documents will usually specify a court date or a deadline by which you must respond.
Failing to respond within the required timeframe can result in the restraining order becoming final without your input. This is one of the most common and costly mistakes people make when dealing with restraining orders. Even if you believe the allegations are unfounded, ignoring the process can severely limit your options later.
Time limits may vary depending on the type of order and the court involved, but they are often short. This is why seeking legal advice from a VRO lawyer as soon as possible after being served is so important. Early advice allows you to understand whether you can fight a restraining order, what evidence may be required, and how best to protect your interests.
It is also critical to comply with the terms of any interim order while the matter is ongoing. Breaching a restraining order is a criminal offence, even if you intend to contest it. Courts take breaches very seriously, and they can negatively affect both restraining order and family law proceedings.
Acting promptly, understanding your deadlines, and getting professional guidance can make a significant difference to the outcome of your case.
Can A Family Lawyer Help Me If I Am Served With A Restraining Order?
If you are wondering can you fight a restraining order effectively, the support of an experienced family lawyer can be invaluable. Restraining orders do not exist in isolation — particularly in cases involving separation, divorce, or children — and a family lawyer is well placed to advise on the broader implications.
A family lawyer can help you understand the type of restraining order you have been served with, explain your options, and guide you through the court process. They can assist in preparing evidence, drafting responses, negotiating outcomes, and representing you in court if required.
At Hickman Family Lawyers, Principal Family Lawyer Ella Hickman understands how stressful and confusing restraining order matters can be, especially when they arise alongside other family law issues. Having clear, practical advice can help you feel more confident and in control during what is often a very difficult time.
Legal advice can also help you avoid unintended consequences, such as agreeing to conditions that later interfere with parenting arrangements or property negotiations. Whether you are considering fighting a restraining order or exploring alternative resolutions, tailored advice can make a meaningful difference.
Restraining orders are serious legal matters with long-term consequences. If you have been served with one and are wondering ifyou can or should fight a restraining order, it is important to understand that every situation is different and requires careful consideration. Acting quickly, staying informed, and seeking professional advice can help protect your rights and your future.
If you need guidance, speaking with experienced VRO lawyers in Perth can be a valuable first step. Hickman Family Lawyers offers a free 15-minute, no-obligation information call to help you understand your options and next steps. This initial conversation can also be a starting point to getting help with binding financial agreements at any stage of your relationship.
* This article provides general information only and outlines examples of situations where someone may consider fighting a restraining order. It is not legal advice and should not be relied upon as such.
