What’s a restraining order?
A restraining order is a court order intended to protect you from further harm or harassments. Its aim is to keep the abuser away from you or your property.
The most common reason for seeking a restraining order is violence from a partner or ex-partner towards you or your children – or a genuine fear that you are in danger without such a restraining order.
If a person violates the terms of a restraining order, they’re punishable by law and may be fined or imprisoned.
There are three types of restraining orders issued in Perth – a Family Violence Restraining Order, a Violence Restraining Order (VRO) and a Misconduct Restraining Order. Family VROs are the most common, but at Hickman Family Lawyers our VRO lawyers in Perth are well-versed in representing our clients with all types of restraining orders.
We mainly deal with Family Violence Restraining Orders (VROs) in the context of a relationship breakdown. In other words, where the applicant needs protection from their ex-partner. We have been successful not only at trial in these matters, but in negotiating undertakings and Conduct Agreement Orders to protect you on an ongoing basis.
Likewise, we are also well versed in appearing for respondents in these cases. Been served with a FVRO and don’t know where to turn? Read the court documents and don’t agree that there was a reason a FVRO should have been granted against you in the first place?
We have had great success in trial, getting Family Violence Restraining Orders set aside so that you can move on with your life, without a FVRO hanging over your head.
We’re completely aware of the time sensitivity of VRO applications and process them efficiently and effectively.
Your safety and freedom are absolute priorities for us.
Restraining orders can be taken out towards someone who’s violent towards you, harasses/intimidates you or who threatens you/your property. Anyone can apply for a VRO.
To be successful in your application, an act of abuse must have been committed against you, or you must fear that an act of abuse will be committed without a VRO.
It’s important to remember that restraining orders are processed in a different court to Family Court. It’s possible that you’ll need to commence proceedings for both at the same time, which could be very stressful.
A Family Violence Restraining Order in Perth last for the time stated in the order. If no time has been stated, it’ll apply for two years from the date it comes into force.
It’s pretty simple, actually.
A legal representative from Cobalt Legal attends your local Magistrates Court with you and assists in preparing the application (you might have to swear a short affidavit in support of it).
We then appear before a magistrate, where you’ll be asked questions about your reasons for applying for a restraining order. Don’t worry; the respondent (the person you’re applying for a restraining order against) would generally not be present at the hearing.
If the court deems that an act of abuse has been committed against you – or that it likely will be committed against you without the protection of a restraining order, the application will be granted.
It’s generally less than a couple of hours, depending on the wait time at the Magistrates Court.
If your application is successful, you’ll be granted an interim restraining order which will be served on the respondent by the police.
If the respondent to your restraining order objects to it being finalised, the matter will probably be listed for a further court date in the Magistrates Court, where the Court will explore options to resolve your matter.
If their objection to your restraining order continues, you’ll be summoned to the Court for a final order hearing. This will usually take a full day.
It can take several months from the date you first make your application in court to the date of your final order hearing. But remember; you’ve got your interim restraining order in place in the meantime.
Being subject to a Family Violence Restraining Order long term is pretty serious, and you need to be aware of the risks of that order being made long term.
If you’ve been served with a Family Violence Restraining Order and don’t agree that you should be bound by an order long term, the first thing to do is object to it.
The Magistrates Court will then give you a Court date, at which time you will need to convince the Court that there is no need for you to be bound by an Order. This can be a pretty tricky process, which involves you bringing evidence to show that there was no violence within the relationship, and no risk of violence moving forward.
We have some good options for resolving these matters as quickly and cost effectively as possible, so that you can move on with your life.
Would you like to know more about restraining orders and if you’re eligible to apply?
Have you been served and want to know your options to have the order dismissed? Talk to our VRO lawyers in Perth now.