If you’re wondering how to get a restraining order, you might be asking what evidence is needed to get a restraining order.
Depending on the type of restraining order you are seeking, you may be asked to supply different kinds of evidence and supporting documents to show why you need a restraining order to be granted.
Our family lawyers in Perth share their insights into what evidence is needed to get a restraining order in WA.
Types of Restraining Orders
There are three types of restraining orders you can apply for in Western Australia:
Family Violence Restraining Order (FVRO)
This order applies to people who fear for their safety from a family member, which includes spouses, ex-spouses and de facto partners.
Violence Restraining Order (VRO)
This applies to people who require protection from a person(s) who are not related to them. (i.e.: work colleagues, neighbours, etc.)
Misconduct Restraining Order (MRO)
This applies to people seeking protection from someone who is not related to them, but their behaviour although not violent, is of an offensive or intimidating nature, disturbing the peace or damaging to property.
Violence restraining orders can cover many types of violence, including physical, verbal, sexual, emotional and financial abuse, as well controlling behaviour.
When granted, restraining orders usually include conditions that prevent the person who is bound from being within a specified distance from you, or making contact with you in any way.
Restraining orders are handed down by the Courts, and can be filed with the help of family lawyers, VRO lawyers, Legal Aid or community legal centres.
What Do You Need to Prove to Apply for a Restraining Order?
In order for an application for a restraining order to be granted, certain criteria need to be met and relevant evidence provided.
- Proof of instance(s) of harassment or abuse
- Proof that further threatening or abusive behaviour is likely to occur without a restraining order
- Proof of your relationship or association with the person
- A signed affidavit stating you are in fear of this person based on the above-mentioned information
Although you can complete and file an application to get a restraining order on your own, certain procedures need to be followed making legal advice highly valuable.
Examples of Evidence Needed to Get A Restraining Order
There are several pieces of evidence you can provide alongside your application for a restraining order. The more evidence and detail you can provide, the easier it will be for a Judge to make a decision on your application.
Affidavit
The main evidence you will need to provide is a sworn affidavit which should contain as much detail as possible. Provide evidence explaining what has taken place, as well as where and when.
Show what steps you have taken since the incident took place in order to avoid the respondent and preventing them from harming or threatening you again. This could include things like changing locks, avoiding certain places they are known to be, informing certain people, etc.
Further evidence could also include the following:
Police Reports
If you have reported the incident to the police, submit the police reports to back your allegations.
Medical Reports
These canprovide crucial evidence that the assault was serious and caused you to seek medical treatment.
Photos of Injuries
Photographic evidence of injuries you may have sustained can be included in your evidence.
Eyewitness Testimonies
These can providedirect evidence that the assault did indeed take place as you allege.
Communication Records
If the respondent communicated in writing, by voicemail, or social media, include these communications as evidence in your application for a restraining order.
Court Orders
If the respondent has had previous court orders served against them, include them in your testimony.
Parenting Plans
If the respondent is your ex and they have contravened any term or condition of a parenting order or plan, include details around this.
Still have questions about what evidence is needed to get a restraining order? Do you need help collating evidence needed to get a restraining order? Would you like a family lawyer on your side who can help you every step of the way?
Get in touch with our team of highly experienced VRO lawyers in Perth who can help you with your application for a restraining order now.
